On The Difficulties And Countermeasures Of The Small Claims Procedure

Along with the development of economic，people’s legal consciousnessand self-awareness keeps strengthening. As a result, the quantity of lawsuitsaccepted by courts increased rapidly. Most of them are relatively simple civilcases. Actually, at the time that our current civil proceedings ensure theprocedural justice, obviously, the courts are unable to handle such a largenumber of cases, which leads to delay and low efficiency in our proceedings.Then the small claims procedure was appeared, and became one of the mainapproaches taken in this reform to make the court easy access. Small claimsprocedure has been playing an important role in the issues concerningimproving lawsuits efficiency, reducing court burden and so on. It isnecessary for us to seek for the purpose of protecting people’s litigationrights and configurating judicial resources reasonably. Hence, introducing the small claims procedure in our civil proceedings, and establishing anindependent small claims procedure is the direction of the reform on theperfecting of the civil procedure system. However, the rules of small claimsprocedure in The Civil Procedure Law of PRC were too rough to operate,which caused many problems in our practice.The author discussed the establishment of independent small claimsprocedure in our state by using inductive method, comparative analysesmethod and the method of integrating theory with practice in this paper. Thisthesis is divided into four parts addition to the preface part, including themain contents about introducing the background, the application of smallclaims procedure and the difficulties and countermeasures in the process ofusing small claims procedure.