Legislation Small Claims Procedure

On August31,2012, the twenty-eighth meeting of the Standing Committee of the Eleventh National People’s Congress examined and adopted the "Decision on the Amendments to the Civil Procedure Law of the People’s Republic of China, in the current revision of the Civil Procedure Law of the highlights is the addition of the small claims procedure. Establishment of small claims, in recent years the judiciary and the theoretical circles repeatedly called on to respond effectively to the establishment of Small Claims Procedure, it not only helps to improve the effectiveness of the proceedings, justice popularity and program effectiveness, but also conducive to promoting China optimize the allocation of judicial resources. However, due to China’s legislative procedural requirements for small claims too simple and general, it will be inevitable in judicial practice a series of problems and confusion. Departure from the Small Claims Procedure problems in legislation, in the countries of the Small Claims Procedure theory and judicial practice effect depth, I hope to reveal to the Perfection of Small Claims Procedure.Writing of this article mainly divides into three parts. Body part is divided into the following:The first part is the background of the Small Claims Procedure, small claims procedures in our establishment and after legislative shortcomings pointed out that China’s Small Claims Procedure. The second part is to introduce the background and legal requirements of the Small Claims Procedure of the United States, Britain, Japan and Taiwan region, summarizes their similarities and differences. The third draws in part on the provisions of national small claims, combined with China’s specific national conditions and judicial practice, to improve the current Small Claims Procedure.