Study On Small Claims Procedure Of Our Court

Along with social progress, disputes to resort to law phenomenon gradually increased, how to solve the increasing the dispute has become the focus of attention of the judicial reform with limited judicial resources. Provisions of China’s existing civil procedure law established a simple procedure, but the case for standard volume small and no separate provisions, therefore, academic and practice circles are of the view that it is necessary to reform the procedure, to further simplify procedures in based on the original simple procedures, will be small cases from the simple case of independence, set up a special procedure for small claims cases, improve judicial efficiency, reduce the cost of justice. The legislation also not sure how to handle small cases, all over the court to reform the attitude to explore treatment on the small claims cases, try to small quick judicial work, and achieved good effect in practice. In2011March, the Supreme People’s Court issued the "about some grassroots people’s courts carry out small quick judging pilot guidance", actively explore the way of trial in the allocation of resources science reasonable, achieved good social effects, but also provides valuable experience for the "Civil Procedure Law" revision. In2011October, the Standing Committee of the National People’s Congress for the first time to consider the draft amendment to the civil procedure law, clearly defined the small claims procedure, caused widespread concern in the community and debate. Finally, the new "Civil Procedure Law" implemented in January1,2013to set up small claims litigation system, Small Claims Procedure in China reform of bottom-up to legislate definitely. This means that our country court Small Claims Procedure in China is starting. This paper will mainly reveals Small Claims Procedure in China is a kind of mechanism, the connotation and the characteristic and the historical evolution, the establishment of Small Claims Procedure in China put forward the necessity and feasibility analysis, the applicable scope and the trial process through the Anglo-American law system, continental law system of Small Claims Procedure in China for the specific research and analysis, learn, absorb the beneficial experience from, for our country to establish Small Claims Procedure in China should pay attention to all aspects of the proposed own opinion, considering China’s specific national conditions and judicial resources, Study on our country actual Small Claims Procedure of our court.