Study On Small Claims Procedure In China

Since entering the21st century, countries around the world either from the civil law or common law system are in judicial reform. Civil litigation is an important area of judicial reform. Voices from the reform of Chinese civil procedure law have been very high, but always on the stage of the scholars’appeal. On August31,2012, the national people’s Congress decided to revise the civil procedure law comprehensively.The reform of civil trial procedure began to enter the vision of practitioners and the public field. Small claims procedure is a new trial procedure in the reform of civil procedure. In2012, the adoption of Civil Procedure Law of the People’s Republic of China amendments,marks the formal establishment of small claims procedure in our country. Taking the turning point of the establishment of small procedure, the paper studies the small procedure of judicial application in our country. Put forward some reasonable suggestions for the concrete construction of the procedure. In the writing of this paper, I mainly use comparative study and social survey research methods. For comparative research, I studied the specific provisions and implementation in practice of small claims procedure from the countries which are relatively sound both in civil law and common law system,so as to provide reference for the set up of this program.For social survey research, i conducted a survey of trial court of small claims procedures in China, to find out the specific circumstances in the application, the problems encountered and the population’s attitude to this program, to find the perfect direction for specific application of this program in China.The preamble of this article describes the background and significance of our country to build a small claims procedure; the fist part defines the concept of small claims procedures on the basis of small claim procedure of study at home and abroad, analysis of the characteristics of the small claims procedures, and a summary of research on the legal basis of the small claims procedures and value functions; the second part of the in-depth study through the small claims procedures of the United States.Britain.Germany.Japan and Taiwan Region, comparison summed up the inspiration of the national legislation model of constructing the small claim procedure; the third part on the basis of in-depth analysis of the West and the feasibility of small claims procedures necessary, construction of small claims procedures of specific in the fourth part.Conclusion part emphasizes we should have a long way to go in the future, any kind of construction of trial procedure are not happen overnight and perfect, we are looking forward to come as soon as possible about small procedure applicable detailed rules for the implementation of our country.