On The Construction Of China’s Small Claims Procedure

With the rule of law principle to gradually implement and people’s concept of the legal system gradually enhanced, people’s concept of litigation has undergone great changes, More and more citizens access to justice to resolve disputes encountered in life. Makes the legal position has become increasingly important in social life, because people attach great importance to the administration of justice. The market’s rapid economic development will be a variety of disputes into the courts, the increasing number of civil litigation, In particular of the number of small claims. Despite the national investment in the administration of justice is increasing, growing small disputes the use of simple procedures and procedures to proceed with the hearing, caused a lot of pressure to the court, also all kinds of thinking to the existing trial reform. In this context, research and the establishment of small claims procedure has a very important theoretical and practical significance.The preamble of this article describes the background and significance of our country to build a small claims procedure; the fist part defines the concept of small claims procedures on the basis of small claim procedure of study at home and abroad, analysis of the characteristics of the small claims procedures, and a summary of research on the legal basis of the small claims procedures and value functions; the second part of the in-depth study through the small claims procedures of the United States、 Britain Germany、 Japan、 and Taiwan China, comparison summed up the inspiration of the national legislation model of constructing the small claim procedure; the third part on the basis of in-depth analysis of the West and the feasibility of small claims procedures necessary, construction of small claims procedures of specific in the fourth part.The conclusion stressed that China should follow the trend of the times, the establishment of a small claims procedure, making China’s legal system has been improved.