Study On The Construction Of China’s Small Claims Procedure

Any right, regardless its size, should be effectively protected. This is judicial philosophy which should be taken in the modern country ruled by law. In recent years, with the advancement of judicial convenience and the concept of judicial efficiency, improving judicial efficiency has become the common goal of judicial reform in the world. Small claims procedure, with high efficiency, low cost, and convenience etc. characteristics gradually, shows its unique value and was accepted by everyone in the wave of judicial reform. This is also the result of the development of contemporary judicial.In this paper, under the existing theoretical framework, the author re-examine the basic theory from the fact and the characteristics of the small claims procedure. This paper also analyzes the possible problems in the small claims procedure in the context of existing legislation and practice. Meanwhile, this paper tries to make assumption to perfect the lawsuit procedure of small claims with the base of the combination of foreign small procedural legislations, In addition to the introduction and conclusion, the thesis consists of four chapters.The first chapter:issues raised. This paper mainly describes process and significance of this subject, the basic situation of the small claims both in China and foreign countries. In this way, the main content and emphasis have been discussed.The second chapter:theory research:new perspective theory of small claims procedure. Firstly, it introduces the basic concept and the characteristics of small claims procedure, in such way, the small claims procedure has determined as in parallel with the ordinary procedure and summary procedure in civil procedure; Secondly, through the comparison with the summary procedure, it introduces the basic value of small claims procedure so as to make a conclusion that the procedure has its unique; Finally, based on the first two aspects, the procedure’s shortcomings and negative impacts have been discussed, therefore in the research of procedure, we should exam the small claims procedure’s value carefully, especially the negative influence.The third chapter:legislation and practice:rules analysis and practical operation of China’s small claims procedure. Based on the practice of the procedure in China, this chapter mainly introduces the legislative background of small claims procedure from the aspect of both realistic factors and judicial practice so as to make an explanation of the legislation on the small claims procedure in Civil Procedure Law of China. On this basis, the small claims procedure in the practices of legislation and practice in China have been analyses, In such a way, the practice effect and problems of small claims procedure have been concluded.The fourth chapter:the system construction:concrete system of China’s small claims procedure design. Based on the first three chapters, it introduces the specific problems in China which should pay attention to in the process of construction. And also discuss the assumption of China’s construction of small claims procedure rules in the view of the legislative model, the applicable conditions, trial, procedural safeguard, adjudication relief, execution system, and the convergence between the small claims procedure and other procedures.