Establishment And Enforcement:Empirical Analysis Of China’s Small Lawsuit System

China’s Small lawsuit system being just established and being about to be implemented,it is the re-simplification of civil summary procedure,is the study emphasis of code of civil law in our country, is also the largest bright pot and biggest dispute in the second amendment procedure of code of civil law, reflects the "three trend two more one characteristics " the basic characteristics,^our country is a major breakthrough and "special area policy" of simple procedure,produced and are producing significant influences on the system of the court of second instance being the court of last instance,dispute settlement mechanism,Civil trial work Judicature authority Judicature credibility judge’s judicature ability and other aspects.Sum up, this influence will cause the papers to it--"whether it is a good starting point and how to achieve good end point" the two problems discussion.Observe, put forward, analysis, problem solving, are the study approach and logical sequence of this paper.This paper attaches great importance to the example of Emei court developing small amount quick judgment trial work and gives observation and consideration to this system by empirical study, comparative study, value evaluation and other methods from trial comment, literature review, practical value, implementation suggestions and other levels.The paper structure and content in addition to the sixth chapter epilogue outside, the main content of the other five chapters are respectively;The first chapter is introduction. The reformation trial of small claims and legislation amendment are the two reasons of writing this paper. The establishment and implementation of small claims system in our country are two key points of this paper study. Meanwhile, it summarizes the current study situation of home and abroad to small claims system and puts forward the study approach and major content of this paper. The second chapter introduces the basic ituation and existing problem in small amount quick judgment trial work of our country.Introduces the supreme people’s court on small lawsuit system of the positive attitude,and taking the pilot approach in Emei court as the example,Through the form and the form of data,Statistical analysis of the trial of the case.Study summarized the sichuan province Pilot Small Fast Referee the basic situation of the important characteristic and main problemsThe third chapter is the extraterritorial investigation of small claims system.Based on the two law large systems in some main countries and regions of the small lawsuit system observation analysis, Summed up this system has program unique, apply a single, v. frontal smaller, subject specific, Process quick, pay attention to mediation, low cost, benefit obvious and so on eight overall characteristics, it illustrates and confirms this system as a kind of unique procedure system and outstanding legal achievement. In initiatively coping with enlarged litigation pressure, expensive cost, complicated procedure, delayed procedure and other problems, it shows individual advantages and general features.The fourth chapter is the practical value of establishing Small lawsuit system in our country.By comparing and analyzing the similarity and difference of this system with simple procedure and small amount quick judgment mechanism, it illustrates the significant meanings of this system for advancing judicial reform, accelerating court development, fulfilling judicature for citizen, elevating litigation benefit and increasing public faith of judicature.The fifth chapter is the suggestions of implementing small lawsuit system in our country. From views of concept updating, content refining and ability elevating, it puts forward assorted mechanisms which can perfect the successful implementation of this system as soon as possible:come on judicature interpretation, clearly indicate application standard of cases, constitute charge standard of litigation cost, regulate unified quota issuance method, encourage personal litigation, persist in mediation first, simplify legal documents, perfect quick execution, increase judicature ability, and elevate public judicature faith.