Research On Small Claims Procedure In China

With the democratization and legalization of modern society，the economy isalso developing quickly. Frequent interactions between people lead to more and moredisputes. No matter in daily life, or economic exchanges, more or less small disputesneed to get relief, and these small disputes accounted for a large part of social disputes.With the enhancement of people’s sense of law, the people’s courts face great pressureof increasing amount of conflicts between judicial pressures and people’s needs forefficient judicial system become more and more harsh. How to optimize the allocationof limited judicial resources, make the action both equity and efficiency, and ensurecommon citizens can achieve their rights through litigations, that’s an importantsubject of Chinese judicial reform.This year, the new civil procedure law has put into effect. Small claimsprocedure has been established in our country, which is simple and efficient, low costand closing to the people. It plays a significant role in improving trial efficiency,reducing the court’s pressure and making the citizens access to justice. But the legalprovision of the small claims procedure is very simple, that in judicial practice,different area has different rules. Since small claims procedure has been implementedin our country, various contradictions and problems have emerged.This thesis will start from the basic theory of small claims procedure in order toelaborate on the value of small claims procedure. Then compare the legislation onsmall claims procedure at home and abroad to analyze the problems in legislation and judicial practice. Finally, through learning from relative legislative experience, I putforward some reasonable suggestions that accord with our country’s condition.