A Study On The Perfection Of Small Claims Procedure In China

In the age of consumerism, small claims disputes more and more frequently occurs in daily life. Although it seems that small claims disputes cause only a slight imbalance in the relationship between the individual interests, the effect of such disputes can best embody the rule of law in the state and degree of protection of the rights of a state. Therefore, countries focus on the litigation costs and protection to the rights and interests of citizens to explore and establish judicial relief mechanism adapted to small claims disputes, namely small claims procedure. China not only has done research to small claims and carried out relative pilot work, but also introduced small claims system into the modified civil procedure law in2012. However, the current small claims procedure is too simple to form a complete system. In order to provide a reference for the improvement of small claims procedure. It is necessary to conduct an in-depth study on this system.Besides preface and conclusion, this text is divided into four parts.The first part is mainly based on procedure law theory. It discourses the concept and characteristic of small claims procedure, then compares the differences in the small claims procedure, the simple procedure and the civil mechanism of fast path to judgment, in order to provide theoretical support to build and improve small claims procedure in China.The second part is based on the interpretation of small claims legislation, pointing out the defects in our legislative system of small claims and the resulting judicial application is not uniform. At the same time, based on the research of the application of small claims court in the trial of civil cases, analyses the existing problems in the operation of small claim legislation of our country.The third part uses comparative analysis method to selects some typical countries and districts from the continental law system and Anglo-American law system where the small claims system has well developed, introducing the relevant legislation to draw lessons from them.The fourth part is mainly based on the first three chapters. It discusses how to set up the small claims procedure as follows:legislation style, institutional settings, case range, and prosecution, trial to the case acceptance, relief and execution and so on.