Small Litigation Procedure Analysis

With the development of the socialist market economy and the enhancement of peoples’legal consciousness, more and more people choose the action of litigation to solve the disputes in their lifves. Among all the disputes, small claims account the most. However, the current ordinary procedure is confronted with the problems of the time limit is too long and the trial procedure is too complicated and litigation cost is too high, etc. And it cannot adapt to the state which litigation sharply increased. And the current procedure causes huge pressure to judicial resources and increases the parties’cost, thus it is not benefit to the fast solution. At the same time, the summary procedure has a lot of problems which seems not very simple. If it cannot supply the small claims proceeding, the procedure design is departure from the original intention. It shall not appear in a legal institution country. In the very circumstances, our legal and practice departments all suggests to imitate the USA and Japan etc., to specially establish the small claims dispute solution mechanism, to ease the pressure of our current litigation, and rebuild confidence to judicial. In the very background, the present paper will discuss the small claims proceeding in our country.This paper introduces the basic connotation of the small claims proceeding and value pursuit, program features, as well as the analysis of the current on micro finance procedural countries law, and then a comprehensive and thoroughly discusses the current situation of dispute solution for small claims proceeding, and the establishment of China’s small claims proceeding of ideas and suggestions are put forward. The current paper is consists with next four parts:The first part is the summary; it introduces the definition of small claims proceeding and its features, the basic idea as well as value pursuit; it attempts to probe into the universality of the litigation procedure for the procedure rule, to provide the value guidance of building small claims proceeding for our country.The second part introduced the experiences and features of small claims proceeding of world’s other countries and regions, and discusses and summarizes the common features of them, and provides the reference to our construction of our own small procedure.The third part firstly introduced the present situation of the dispute process for small claims, then analyzes the dilemma of current litigation system for small claims, and put forward the advantage of resolution to the present dilemma, and then discusses the necessity of establishment of China’s small procedure for the necessity of the discussion.The fourth part puts forward the author’s ideas and suggestions of the establishment of China’s small claims proceeding, this part analyzes the own limitations to small claims proceeding and proposed a solution to it based on the principle of our foundation of small claims proceeding. In the very part, the author put forward own opinion to the procedure.