On The Improvement Of Small Claims Procedure

With economic development, in the face of a growing number of small civil disputes, the world has established the Small claims procedure. Because of the complex process of the ordinary procedure, long trial practice makes the parties overwhelmed and forces them to give up the judicial relief. Thus the value of justice cannot be achieved. For its advantage of simplified program and short judge term, small claims procedure quickly occupies the territory of small claims disputes judicial procedure in every country.In the last century, Chinese courts began to practice small claims procedure at the grassroots level. They fed back a lot of information and the advantages exceed the drawbacks. The rapidness and convenience of small claims procedure make everybody know its importance. After that, calls for the establishment of small claims procedure in China are more and more intense. Until the2012amendments to the Civil Procedure Law, small claims procedures are formally established and finally legal support for the grass-roots courts.In this paper it adopts the methods of summarizing comparative analysis. It introduces the concept and features small claims and finds the differences between small claims procedure and summary procedure. The thesis analyzes legislative mode of small claims procedure in every country and district and summarizes the experience and lessons in our country. Through referring to the advanced legislation in other countries, it tries to perfect the insufficient stipulations in our country and serve for judicial practices.The first part introduces the legal basis of the small claims procedure, including the concept and characteristics of the historical process of development, supporting theoretical basis. It compares the differences of small claims procedure from summary procedure and analyzes its independence.The second part introduces the historical background, social conditions,as well as the legislative process small claims procedure. It affirms the positive significance and judicial contribution and summarizes the problems in practice to be resolved.The third part sums up the advanced mode through the comparative analysis of legislation of the behalf countries and regions of small claims procedure mode and then provides a reference to perfect small claims procedure in China.Combined with actual conditions in China, the fourth part makes recommendations to the improvement of small claims procedure in China on the basis of the second part and third part of this paper.