The Improvement Of Small Claims Procedure In China

With the effective results that our country’s market economy system reform have got, and the graduate improvement of legal construction, the public’s legal awareness has improved which makes lots of cases flow into courts at all levels. And then, the situation of cases backlog appears. In order to solve the contradiction between the public’s judicial demand and judicial tense resource, our country has set up a small claims procedure in the latest Civil Procedure. In the view of extraterritorial justice, small claims procedure can relieve cases backlog and unreasonable collocation of judicial resources. The rule in China advocates that justice should meet the grassroots level and service the masses, therefore, it is necessary to further standardize the small claims system which can provide a highly efficient and stable system safeguard for civil judicature in the future. Our country’s small claims system is just getting started at present, the specific provisions are relatively simple which just establishes a clause, that is, the rule of the first instance being the final. However, it cannot satisfy the need of judicial operation. In the whole civil cases, the small claims cases occupy a large proportion, and most of the parties of small claims cases are private citizens. It means that the small claims cases closely relate to daily life, and have a significant influence on it. On one hand, improving small claims system can guarantee the unity, normative and conscientiousness of judicial procedure, on the other hand, it can make it access to the public. Therefore, further researching the small claims system will provide some references to the system construction.This paper will summarize the legal basis of small claims system, and demonstrate, then demonstrate the extraterritorial small claims system’s legal mode and system characteristics through the means of comparative analysis and parallel tables. Having a good knowledge of extraterritorial small claims’definition and characteristics can conduct our country’s small claims, which can help us to find the problems in judicial practice and provide some suggestions. This paper is divided into four parts: The fist part is the overview of small claims. In this part, we will dissect our country’s jurisprudential theories of small claims system, and summarize the general concept of small claims which can pave the way for the research.In the second part, we will analyze the extraterritorial small claims system in the view of different lay systems, such as the representatives of common law system:America and the British and the representatives of civil law system. In the end of this part, some charts will intuitively demonstrate it.In the third part, we will conclude the obstructions and problems in the operation of the small claims, which bases on our country’s judicial practice of small claims. And then, show the differences between small claims and summary procedure, and affirm the significance of small claims in our country.The forth part discusses our country’s legal development of small claims system and analyze the necessity of the legislation of small claims which can make suggestions to improve our country’s small claims system and make the theoretical foundation to the whole system.Innovative points of the paper:putting forward the problems that the judicial practice of small claims will meet and provide some suggestions to improve it, which is based on the legal theory and the summary of extraterritorial current situation of legislation. Thus, will provide theoretical analysis and practical statistics for small claims system construction and further effectively put forward the process of justice.