Exploration Of Small Claims Procedure

On August31,2012China’s newly revised "Civil Procedure Law" added provisions relating to the Small Claims Procedure. Small claims procedure can improve the procedural efficiency, reduce the burden on courts, Conducive to the realization of justice popularization, and enable nationals to obtain judicial relief. The United States, the United Kingdom, Japan, South Korea and China’s Taiwan region and other countries or regions are all have small claims procedures and it plays an important role in judicial. Small claims procedure with its own values, are welcomed by the affirmation of the legal profession and the parties on the one hand, but on the other hand, this program is in the process of development itself, there are still more problems: small claims procedure is a cheap justice, may affect the course of justice; evoked indiscriminate lawsuit; the judge to abuse of discretion. In this paper, through the study of the small claim procedure in our country legislative background, legislative status and investigation of the small claims procedure in other countries or regions, we found that the design of the petty lawsuit procedure in China has the following problems:program design of our country lawsuit is not specific, there is only one provision; its scope of application fuzzy, operational difficulties in the practice of law; and it does not give the parties the right to choose the procedure, procedural guarantee absence; and it lacks specific remedies. In view of the reality that our country scarce judicial resources at present and judicial demand growing, China should learn from the experience of foreign countries, and based on our national conditions, from the improvement of the small claims procedure in China the following aspects:program design refinement small action, to further improve the legislation; scope clear small claims procedure; give the parties the right to choose the appropriate procedure; relief way clear of the lawsuit procedure; mediation priority principle, values the important role in the mediation procedure.