The Analysis On Small Claims Procedure

On January1,2013, the newly modified Civil Procedure Law had begun toimplement. Small Claims Procedure as the new introduction of civil procedure hadalso started in various grass-roots court. It is still a problem worthy of study whetherSmall Claims Procedure as an imported product will adapt for the complicatedChina’s national conditions and judicial status.The small claims system as a a Exotic system.To its critical analysis,firstly needto introduce the Small Claims Procedure legislation overview,Comprehensively expounded China’s Small Claims Procedure legislative background, existing legal norms and procedures, the meaning of legislating.And then through a comparative study of legislation in Western Countries and China’s Small Claims Procedure,evaluation of legislation from the perspective of text analysis on China Small Claims Procedure.Recently issued due to the small claims procedure,yet the lack of an empirical basis for thelegislative effect of the program.However, from a grassroots courts micro-speed cutting pilot survey of Hunan Province in2011,it can be found,small claims procedure legislation and in Hunan’s small pilot quick judicial norms have a lot of similarities.Therefore, from a small speed empirical data obtained in the pilot survey,Small Claims Procedure analysis of legislation still has great practical significance.According to the practice of research, there are three Inadequate aspects of the Small Claims Procedure’legislation. Firstly, the procedure’s scope is unreasonable. Onthe one hand, according to the new Civil Procedure Law, Small Claims Procedure issuitable for the cases that the amount of the contract less than30%of the averagewages of provinces, autonomous regions, municipalities directly under the CentralGovernment. Because of China’s urban-rural income large gap and obvious differencebetween rich and poor in large cities under the current economic situation, thecriterion for the classification is extremely unreasonable. On the other hand, with theintroduction of the guidance of the High Court about the procedure, the regionaljudicial interpretation differences make the small claims procedure delineated in thenationwide scope of the case is not uniform. It is not conducive to the application ofthe Small Claims Procedure and the implementation of the rule of law in China.Secondly, lack of specific procedural arrangements. That the New Civil Procedureprovides too simple on Small Claims Procedure is the biggest drawback which thecurrent academic believed. This directly led to the introduction of provincial and municipal judicial guidance. Even so, the specific arrangements of the programoperation are still insufficient. But also because of the lack of a unified nationaljudicial interpretation, the level of provincial and municipal legislation varies greatly,the program’s actual operability worrying. Thirdly, procedures for the relief of theparties are insufficient. It can be seen by comparing discussed that the first instancebeing the final on the Small Claims Procedure provisions of the Civil Procedure Lawis the Small Claims Procedure’s advantage compared with the summary procedure.But when the right to start of the program has been handed over to the court, it isinsufficient of the procedures for the relief of the parties that the parties have noprocedure conversion way.In response to these problems, suggestions for improvement of the Small ClaimsProcedure can be divided into the following four aspects. Firstly, we should considerthe target amount and the nature of the case which suit for the Small ClaimsProcedure carefully, and determine the standard of cases accepted in Small ClaimsProcedure from Multi-dimensional perspective. Secondly, improve the specificprocedural arrangements in order to make up the statute too simple defect andincrease the operability and the identity of the procedure in practice. Thirdly, improvethe system of procedures for the relief of the parties, build procedure conversionmechanism. Finally, propose suggestions for improvement of the small claimsprocedure legislation through the analysis of the problems of foreign small claimssystem and solution.