Positive Research Into The System Of Court Of First Instance Being The Final For Small Claims

With the gradual establishment of the socialist market economy and the implementation of the strategy of rule by law, civil economic disputes and civil litigations have been increasing in China. The increasing caseload and people’s expectation for the mechanism of relief by public force have laid great pressure upon the court. The judicial resources have been increased to meet the growth of judicial demand in China. However, owing to the dramatic increase caseload, the growth of judicial resources is far less than that of judicial demand. As a result, the court is unable to get rid of the dilemma of delayed litigation, high cost and long-pending cases. The establishment of the system of court of first instance being the final for small claims is undoubtedly an advance of the civil procedural law of China because it makes civil litigation quicker, more economical and more convenient in China. At present, the legislation concerning this system is not perfect. In addition, concrete legal provisions are too simple and scattered. In judicial practice, a lot of problems exist. Thus, it is imperative to improve the system of court of first instance being the final for small claims. This thesis starts from the concept of the system, then makes a comparative study on the system in foreign countries, and puts forward suggestions on its improvement on the basis of its advantages and disadvantages, aiming to be helpful to the development of the system.