On The Development And Perfection Of The System Of Small Claims Litigation

With the social economy development, and the adjustment of social structure, public awareness of legal as well as rights is gradually increased. A large backlog of unsolved cases bring more pressure to courts, in the meanwhile, they can increase the cost of the parties. In this way, cases cannot be solved efficiently. Small claims procedure can helps us with these problems, and also it can maximize the indicial function Western countries began to explore the small claims procedure in1960s, and has made certain achievements. SCP plays a pivotal role in improving the efficiency of litigation and also, it can reduce the burden on the courts.August2012, The Standing Committee of the Eleventh National People’s Congress twenty-eighth meeting passed a resolution on revising the "People’s Republic of China Civil Procedure Law". Chapter XIII Article162of revised "Civil Procedure Law" provisions "When trialing a simple civil case which meets the concept defined in the first paragraph on Article157of this Law and the subject’s value of which is under30%of the annual average salary in last year of the province, the grassroots people’s courts and its court sent regards the first judgment as the final one." Then, Small Claims Procedure formally established in our country, but this provision is not yet mature, and it as well did not make a specific interpretation of the problems which will arise from the application process for small claims procedure.This article studies Small Claim Procedure from four aspects. The first one is the outline of Small Claims Procedure. The writer describes the meaning of the small claims litigation and the value of efficiency and legitimacy. In second part, the writer makes a comparison on the basic content of Small Claim litigation between Civil Law system and Common Law system. Then the writer studies the current situation of Small Claim in China, introduces the pilot project held in Hubei, Hainan, Zhejiang, and Guangdong. Based on the analysis, the writer conclusions the problem existed in our country. Finally, the writer gives some suggestions to perfect China’s Small Claim Procedure.