Small Litigation Procedure Research

From twentieth Century fifty or sixty time, the world carried out within a field of civil litigation system reform, many countries have established the small claims procedure to relieve the emergence of a large number of civil disputes to the court of the enormous pressure on the trial and make common people have access to justice. Now many countries in the world have established a small claims procedure, in remission of court trial pressure, to solve the contradiction between the limited judicial resources and t Infinite resolve disputes need. And realize the goal the judicial popularization have played a significant role. China is also facing a lawsuit explosion, shortage of judicial resources, the court trial pressure and the difficulties people access to justice and so on. In view of this, China needs to build their own petty lawsuit system to effectively alleviate the problems.It is through this article on the small claims procedure analysis and discussion, to give some suggestions about Construction of our small claims procedure.This paper is mainly divided into four parts, the first part is the overview of small claims procedure that introduces the concept and characteristics of small claims procedure; The second section describes the small sum litigation theory, to indicate that the construction of small claims procedure has sufficient theoretical basis; The third part introduces the legislation and practice of small claims procedure in China. China now have some legislations of small claims procedure. In judicial practice some local courts have begun to explore the use, but there are many problems; the fourth part introduces Chinese construction of small claims procedure. This part has suggested that our country construction of small claims procedure is necessary and feasible, and have put forward a feasible scheme for our country small lawsuit procedure of concrete construction.