Effect Of Transplantation Of Law By Local Justice In China Analysis Of The Small Claims Procedure In The Courts At The Grassroots Level In Western China Operation

Rapid development of society, while bringing prosperity spawned a large number of disputes, litigation same applies trend growth in the number and types of cases and towards the poles diversified development of small and growing rapidly oncoming disputes, brought to the court worried the pressure, the tradition of world-wide program can not effectively deal with small disputes, in the context of the United States and other countries to seek judicial reform path, the birth of the small claims procedure and rapid development. Justice in China face the same situation, our current traditional program to resolve small claims disputes in terms of high cost and low efficiency, making China the proceedings within the framework of the existing small claims difficult to meet the requirements. The face of such a judicial situation, to seek ways to solve the predicament of the small claims procedure is something the new research and analysis, explore the localization of the way small claims procedure.Law, legislation and judiciary are through different pathways for the mall claims disputes were studied.2012August new " the civil procedure law " provisions of article162nd of the petty lawsuit procedure.But according to the reality of our country, it is established small claims procedure in China there is basic conditions with political, economic judicial practice and ideal base and so on. the specific national conditions, the localization as the starting point of the small claims procedure to demonstrate the conditions for localization, localization of the background and analysis of barriers to study and realize the need for localization feasibility. Proposed small claims procedure in China have the appropriate conditions to support localization. explore the localization of small claims procedure in our building, so as to build should pay attention to the problem of localization, described on problems we must pay attention to during the reform of simplifying the small claims procedure in China.