Perfecting The Theory Of Small Claims Procedure In China

Since the reform and opening up, with the rapid development of China’ssocialist market economy, social structure has undergone profound changes, people’slegal consciousness obvious enhancement, social more easy to let people access tojustice increasingly strong voice. Facing the double pressure of improving litigationefficiency and access to justice, originated from the United States of America and iswidely used in the world of small claims procedure began in China by the academiccircles and judicial circles. Small claims procedure is generated for a large number ofdaily life is simple, small disputes, through the allocation of judicial resourcesreasonably, improving the efficiency of lawsuit maximum guarantee justice in thepremise, to meet the public more easily a program close to the requirement of justice.The new "Civil Procedure Law of the PRC on January1,2013the formalimplementation of the"(hereinafter referred to as the new civil procedure law) andmade clear of the small claims procedure.Of course, due to the small claims procedure starts late in our country, regardlessof the value orientation of small claims procedure legislation, there are still set and thereality of judicial practice in the specific application problems and restricting certain.Therefore, it is necessary to further improve the small claims procedure, and theinternal and external factors affecting the lawsuit procedure to remove or change, toreally play a role and value of its own.Besides the introduction and the conclusion is divided into three chapters, thefirst chapter through to the domestic and foreign small claims procedure comparingand analyzing their characteristics, and then draw the small claims procedure value.The second chapter elaborated our country small claims procedure and the difficultiesfaced by the fear of the future. The third chapter through the analysis of the full rangeof the causes of the problems faced by China’s small claims procedure, based on the study of domestic and foreign legislation and some of the major provinces and citiesin China has small claims procedure guidance leads to perfect our country smallclaims procedure proposals and views.