Study On The Legal Procedure Of Small Claims

Simplify procedure, improve the efficiency of lawsuit is the world development trend of the reform of the judicial reform in civil litigation. Small litigation procedure because of its low cost, high efficiency characteristics of the dispute resolution, complied with the trend, and for use by countries around the world. with the rapid development of economy in our country, people’s legal consciousness enhancement, the increasing demand for justice, but no positive response in the current law, especially for more small the settlement of the dispute is the lack of corresponding system. In view of this, comply with the international trend in our country, and combining with its practice, in the 2012 revision of the civil procedure law, add a small procedure to solve by dispute implements laws in our country. And in 2015, to modify the interpretation of the civil procedure law, provide the basis for small litigation procedure shall be applicable to the specific.In this paper, the main contents include the basic theories of small procedure, the representative countries and regions, small litigation procedure legislation of comparative analysis, emphasis on current legislation of our country small procedure, that is mentioned above, the latest modification of law and judicial interpretation, and small litigation procedure in our country’s judicial status, in recent years, affirms its merit and points out the shortcomings and improving Suggestions finally.The purpose of this article aims to analyze the current legislative and judicial status of small procedure, find out the existing problems, and draw lessons from the advanced experience of other countries or regions, and combining with China’s specific national conditions, it is perfect, so as to our country small litigation procedure can run better later.In this paper, research methods including comparative analysis, sum up method and historical analysis method, etc.This paper draws the following conclusion: certain rules of small litigation procedure in legislation in our country is relatively scientific, reasonable and has merit, also reflects the operation of the judicial its advantage of high efficiency, convenient to solve disputes but overall the program established in our country time is short and has many imperfect legislation, such as the choice, execution, relief and other issues still exist, there are also applicable in the operation of the judicial rate is low, the parties were low, the development and perfection of China’s small procedure still joint efforts of all parties concerned.