On The Building Of Civil Small Claims Procedure

With the rapid development of our country’s economy and the enhancement of people’sright consciousness, number of various civil disputes and litigations has been growing. Thecourts of our country is facing the huge pressure. How to optimize the allocation of limitedjudicial resources, make the action both equity and efficiency, and ensure common citizenscan achieve their rights through litigations, that’s an important subject of Chinese judicialreform. Under this background, the legal professionals pay more attention to the small claimsprocedure. Nowadays, many countries and regions have established small claims procedure,which is simple and efficient, low cost and closing to the people. It plays an significant role inimproving trial efficiency, reducing the court’s pressure and making the citizens access tojustice. In order to shunt cases, improve efficiency and make justice popularization,legislators are trying to introduce small claims procedure into Chinese current civilprocedural law amendment, specifically addressing the huge number of petty disputes. Whenestablishing small claims procedure, we should take into account national conditions, followprocessed experience of other countries and regions, so as to it can work well.It takes three methods which are summarized, comparative analysis and empirical analysisin this paper. The author summarizes the concept and characteristics of small claimsprocedure, studies the legislation model of other countries and regions and the civil practicesituation about small claims procedure, analysis the basic of establishing independent smallclaims procedure in our country from theory and practice and sets a systematic managementmeasures. In order to deepen the academic discussion about this problem, provide somereference ideas to amend the Civil Procedure Law.In addition to the introduction and the conclusion, the paper is divided into three chapters:the first chapter: the definition small claims procedure. The author defines the concept ofsmall claims procedure, summarizes the characteristics of small claims procedure and studiesthe legislation model of other countries and regions; the second chapter: the foundation ofestablishing small claims procedure in China. The author analysis the necessity and feasibilityof establishing small claims procedure in China from the foundations both of theory andpractice. The third chapter: the establishment of small claims procedure in China. The author proposes how to establishing small claims procedure from several ways, such as theprocedure, trial, judgment, relief, execution, and put forward the problems that need to be payattention in the establishment of procedures.