On The Construction Of Small Claims Procedure In China

The necessity of building the small claims procedure, and how to build the small claims procedure in domestic have long been in controversial. At present, the theoretical and practical circles mostly agree to the construction of the small claims procedure, as for how to build a small claim procedure compatible with legislative and judicial conditions, there are some differences.So a further research on the construction of the small claims procedure, can not only be as reference for China’s ongoing Amendment of Civil Procedure Act, but also promote the perfection of the theory of Civil Procedure Law.This paper will be divided into introduction, body and conclusion. The introduction is about the origins of the small claims and the situation of small cases in judicial practice. The body firstly summarizes the basic theory of building small claim procedure, and then discusses its rationality in our Civil Procedure Law. Secondly, the body discusses the establishment of small claims procedure can improve the dispute resolution function of the judicial practice, make people access to justice, the rational allocation of judicial resource, so it is necessary to build a small claims procedure in domestic. Thirdly, we analyze the small claims of United States, Britain, Japan, Taiwan, and then sum up the experiences from other countries’legislation. Finally, considering the status of judicial practice, propose the design of the small claims procedure in domestic. The conclusion is further pointed out that the construction of small claims procedures should be different from the ordinary procedure and summary procedure in the pursuit of concept, value and concrete programs.