The Construction Of Procedure Of Small Claims In Our Country

As china’s legal step sound, the legal consciousness of our citizens also continue to strengthen. When encounter their own civil disputes that cannot be resolved, they would like to hand them over to the judges, find the recourse on the court. The concept of small claims procedure is base on this, we know that civil disputes involve property and personal relation disputes generally, mounts of disputes litigations of this kind are relatively small, even the so-called "case of a dollar""case of several money" are emerging, if they are dealt with a general program, for the scarce judicial resources, we can describe this with a saying, which is "killing the chicken slaughter chopper". States have established and implemented the small claims procedure, they are worth exploring in China, and in December of last year, the amendment to the civil procedure law (draft) measures refers to the small claims procedure carried out on a trial basis.In this article, first I do a systemic explain on the basic meaning and features of small claims procedure. On this basis, to exploring the legal basis behind the small claims procedure arguments, explained the necessity of construction of small claims procedures and the establishment of issues that may arise, I hope when with a view to formally establishing a small claims procedures, we find solutions to overcome the drawback, and concludes with a series of formal conception of establishment of small claims procedures in China.The first chapter is to outline the small claim procedure. From modern scholars’ popular narrower concept of small programs, describes the meaning of national small claims procedure, then into connotation of small claims procedures in china, and followed explaining the characteristics of small claims procedures, in the second half of the article we focused on the development in countries.Chapter Ⅱ is mainly theoretical analysis small claims procedure.t more focused on the pursuit of efficiency. At the same time, this chapter also analyses the procedural rights of the parties in small claims procedures guarantee. Chapter Ⅲ is analyzes the advantages and disadvantages that may arise in the course of building small claims procedure.Small programs have their own inherent advantages, mainly on the costs, benefits and costs, it is the absence of alternative dispute resolution mechanisms for systematic supplement. By summary procedure is not simple problems existing in current practice, it can provide another avenue for small claims cases.At the same time, this chapter also analyzes the possible disadvantages of the introduction of a small claim procedure, when constructing small claims procedure, we must overcome these disadvantages, make small claims procedure can better serve the community service, reducing the burden on the judiciary.The fourth chapter is to introduce trial of small claims procedures in China, the article investigates the southern Fujian Quanzhou, and other small speed start procedures on a trial basis of typical areas,Analysis of some issues in the trial,further to elaborate the necessity and feasibility of small claims procedures in China.The fifth chapter is submitted to establishment of small claims procedures in several ideas.I mainly have some ideas on the scope of the case, rules of jurisdiction, trial,judgment and execution,the judicial system, and hope it can play a role on China’s judicial practice.