Study On Small Interest Civil Suit Procedure

Designing a system to protect the small interest in the civil procedureis the problem faced by many countries. Many countries have developedsmall interest lawsuit with their own characteristics. Since theintroduction of this procedure into China, the legal scholars have beentrying to adjust the system to fit with the actual situation in China,and there have been academic achievements in this area. However, opinionsdiffer regarding the actual shape of the procedure, and some issues areto be clarified. This dissertation, based on the domestic and foreignacademic achievements, analyzed relevant issues and proposes solutions.It is comprised of four chapters.The first chapter is about the realism of establishing small interestprocedure. First, it lays out the definition and the characteristics ofsmall interest procedure, and analyses the realism of the establishingthe procedure from four different perspectives.The second chapter is devoted to the value and effect of the procedure.It analyses its effect on the interested parties, the court and societyas a whole and illustrates the value of procedural efficiency and justice.The third chapter is on the problems of the procedure. And it analysesthe conflict between the efficiency and justice, the conflict between limits to procedure and the protection of substantive rights, the problemof the unreasonable use of the procedure, its difference from simplifiedprocedure, and the problem of enforcement of the procedure.The fourth chapter is devoted to the solution of the problems. As to theconflict between efficiency and justice, the interested parties shouldbe entitled the rights of choice; as to the conflict between limits toprocedure and the protection of substantive rights, the basic proceduraland substantive rights should be guaranteed; as to the problem of theunreasonable use of the procedure, limitations to the use of theprocedures should be set, and guidance as to the use of the procedureshould be provided so as to ensure the reasonable use of the procedure;as to its difference from simplified procedure, the "demarcation point"between the two should be found; as to the problem of enforcement of theprocedure, relevant procedures should be established and perfected so asto ensure the smooth enforcement.