Small Lawsuit System Of Final Appeal Of Trial Research

In recent years, with the rapid development of social economy, a large number ofcivil case in court. In this context, the people’s courts must deal with the contradictionbetween the contradictions and disputes growing with limited judicial resources.Simple civil cases and the increase and accumulation amount is small, thecontradiction of grass-roots court case much less, has also increased the cost of justice.In order to alleviate the contradiction between people’s court case much less, toimprove the efficiency of litigation, reduce litigation costs, promote the popularizationof judicature. The newly revised "Civil Procedure Law" to the world of the CivilProcedure Law of the judicial reform, the establishment of the small claims system.This leads to the small claims heat.It beneficial to step that suitable for use, judicial state laws authority’s upkeep,judicial efficacy sufficiency bring into play as well as limited judiciary of rationaldistribution resource, the synchronism having accelerated judicial efficiency andjudicial fairness at the same time come true effectively. Also beneficial to thegrass-roots unit people’s court solves active intervent of large amount of dispute,interested party easy to speedily, makes it’s litigation rights manage to come truewithin short time according to law, decrease legal action consumes.However, thesmall claims court of first instance being the final legislation in our country isrelatively imperfect, specific provisions are too simple, there are many problems. Forexample, in defining the scope of the provisions of the specific procedures of fuzzy,not mature. Therefore, the construction of small claims court of first instance beingthe final be imperative. This paper firstly must jot lawsuit one judge final system hasits legitimacy, after the combination of foreign countries and regions of the maturelegislative experiences, to build a small action of our country one judge final systemresearch. This paper is divided into three parts:The first part, expounds the lawsuit one judge final system of due process.Specifically, interpretation from procedure value, process principle and programconfiguration of small claims court of first instance being the final justification. The second part, trials in final the system from jot lawsuit first trial thelegislation style choice to launch. First, is connected to the territory outside nationaland the local jot lawsuit first trial last instance system carries on the survey summary.Next, carries on the explanation to two big legal system jot lawsuit first trial lastinstance system concrete procedure rule. Once more, trials in final the system to ourcountry jot lawsuit first trial the legislation and judicial development present situationcarries on the elaboration, in this foundation, has analyzed our country the questionwhich in the applicable scope, the trying procedure as well as the relief aspect exists.The third part, elaborated the small litigation of our country one judge finalsystem construction. On the basis of extraterritorial relevant countries and regionsmature judicial experience, combined with China’s national conditions, to the smallclaims court of first instance being the final scope, procedure and relief mechanismput forward specific suggestions. like, the pretrial special obligation to inform,"roundtable" mode of trial.