The Research Of Small Civil Claims Procedure

In order to adapt to the frequent business and developing economy, along with the process of building the rule of law continues to advance, the enhancement of people’s right consciousness,people’s demand for judicial grow with each passing day, the rapid growth in the number of civil disputes and litigation,small civil claims procedure was added into the new Civil Procedure Law which be gone into effect since January1,2013.Although there is still controversy in the academic circles,the mainstream opinion is that it is useful. Most foreign countries which have been practiced the procedure, small claims also have made significant achievements,achieved the purpose at the beginning of the legislation in the main, proved the necessity of small claims exist. With the rapid social and economic development, it’s must be lead to the pursuit of value diversification for litigant, and significant increase of various types of disputes.But the limited judicial resources also determines the civil procedure should be diversity, according to different cases applied to different simplified procedures. Thus a small civil procedure not only to set up, but also to bring its function into full play. After theoretical study,research and appeal,small civil claims procedure was established finally in this modification of the Civil Procedure Law.However,it is too inattentive for small civil cliams procedure that there is the only NO.162provision in the law,and the specific application is also the lack of norelevant judicial interpretations to guide small claims cases.Although some high courts have successively promulgated the detailed rules for the implementation of the local small civil claims procedure (trial),still not very comprehensive, some problems were exposed in judicial practice which to be more detailed regulations to guide the solution.This paper proceeds from the theory, defines the concept and the value of small civil claims procedure, analyses the relevant provisions of small claims,investigates the status of operation in the judicial practice.Through the comparison with some foreign legislation which is more advanced on small claims and the corresponding mechanism, puts forward the modified idea of China’s small claims,promotes the small civil claims procedure could beneficial, effective,achieves its purpose of legislation.