The Studies Of Establishment Of Small Claim Litigation Procedure In China

The establishment of small claim litigation procedure is mainly to solvesome small claim cases which are belong to the simple civil suit procedurethrough more convenient and efficient means of litigation. On the premise ofachieve the fair verdict, can solve the conflicts better and faster.But China’s current legislation on small claim litigation procedure stillnot complete, the description of a provision will not be able to solve variousproblems in the judicial proceeding of mall claim litigation procedure.How to learn foreign experience and make it integrated into ourcurrent litigation system successfully, still need our in-depth thinking andresearch. In recognition of theoretical significance and practical significanceof the small claim litigation procedure, we still need to consider all sorts ofproblems existing in the legislation and practice, linking theory with practice.Design the most suitable small claim litigation procedure for China’s national conditions.In this paper, the first chapter is focuses on the common theories aboutsmall litigation procedure, such as its concept which helps us to understandthe theoretical and practical significance of the completion of the small claimlitigation procedure. Small claim remedy procedure is the reference of theother countries’ legislation experience. It will be able to ensure that the smallclaim litigation procedure applies correct.It also can ensure the judicial justice and improve the social trust toresolve the public concern about its simple procedure. Small claim litigationprocedure can protect the rights of the parties, makeup the defects of justiceon the convenient, attract the use of the parties, make the division of justicebetween complex and simple come true.The second chapter mainly focuses on some problems in the legislationand law enforcement of the small claim litigation procedure and makingsome concrete elaboration and analysis. The problems on the legislation areaimed at the applicable of case type, the right of the procedure choice, thelack of remedy program. The problems on the law enforcement are aimed atcourt judges prefer mediation, easy to induce litigation, the transformationproblem of the procedure, the influence of retrial the case, do not have aunified application for each court. The third chapter is mainly based on the legislative status of our country.Find out the localization of legal problems and obstacles of the improvementand the remedy procedure of the small claim litigation procedure. Finallyputs forward some suggestions and specific measures of establishing remedyprocedure of China’s small claim litigation procedure. Hope to eventuallyprovide some useful reference for the implement of the system.