Research On Small Proceedings System

In the recent civil law arena, the scope and quantity of accepting cases have increased dramatically with the reform of the judicial system and the rapid development of economy, which include large numbers of trivial economic dispute cases and some with apparent facts and clear relationships of rights and obligations. However, the ordinary civil procedure cannot cope with the increasing number of cases duly and immediately. So both theoretical and practical circles call for reform of the summary procedure of civil procedure, make contact with international law, and structure a new type of civil procedure—small claims.Small claims seek for brevity and efficiency with no legal techniques, which follow the objective of judicial fairness and efficiency. Further, small claims will enable the parties involved to approach fairness and obtain judicial remedy. To highlight the function of it, a decision of reform civil procedural law was voted through on the28th Conference of Standing Committee of the National People’s Congress. The new civil procedural law stipulated to institute small claims system. This thesis will probe into the following questions:what is small claims procedure and how about its features and qualities? Why do we still need to set up small claims procedure since we have established summary procedure? And how to consummate the system of small claims procedure?...