Research Of Small Claims System

In the early 20 th century, many countries in the world began to take a judicial reform to reduce costs, improve efficiency, and optimize the allocation of resources. Thus, Small Claims Procedure came into being and then established and developed gradually in many countries and regions.Under the condition that small amount of money troubles were widespread and the summary procedure couldn’t meet the demand of trial, China began to do some exploratory attempts at trial procedures of small amount case on the basis of referring to the Small Claims Procedure in various countries.In 2014, Small claims quick decision procedure are clearly put forward for the first time in “the people’s court for a second five-year reform outline(2004-2008) ", the Supreme People’s Court carried out the pilot work of Small claims quick decision procedure in 90 basic people’s courts in 2011.On August 31, 2012, the 28 th session of Standing Committee of the 11 th National People’s Congress passed the “decision of amending < Civil Procedure Law of People’s Republic of China> by the NPC Standing Committee”. The revised civil procedure law formally set up Small Claims System and carried out the first instance as the final.In order to make the parties closer to justice, Small Claims Procedure was established under the background of judicial reform by referring to Civil Procedure Law and the practice achievement in China and abroad and explorations on the scientific and reasonable allocation of judicial resources, as well as on the basis of fundamental realities of China and practical experience of law.Since the new “Law of Civil Procedure” put into force on January 1, 2013, it’s not hard to see that Small Claims System is in conformity with the current judicial demand, but there still exists some differences between planned and actual status of value target of the system, as well as the difference between ideal and practical demand of applicable scope.This paper finds out some inadequacies of Small Claims System by comparing with the building and actual operation of Small Claims Procedures in various countries and regions, and then studies them in depth.This paper is divided into four chapters to discuss about Small Claims System:Chapter one: It is mainly outlined the procedure of Small Claims Procedures in theory, and explained the necessity and value of Small Claims System from the aspect of its concept, characteristics and value goal.Chapter two: To study Small Claims Systems of foreign counties through comparison method and sum up the lessons of our system by comparing and analyzing the difference between common law and civil law.Chapter three: Investigate the actual operating conditions of Small Claims Procedure on the basis of empirical study, make data analysis on pilot situation of Small claims quick decision procedure and implementation situation of small clams procedure after the execution of Civil Procedure Law. Find out the difference between planned and actual status by researching a few civil cases of small claims.Chapter four: it is mainly about the construction of Small Claims System. And there some appropriate recommendations to improve the system by analyzing the problems faced by our Small Claims Procedures.