Study On The Perfection Of The Small Claims Procedure

Development and progress of the society decided to establish a judicial system of each is to achieve social reality demands. Since the last century, the fifties and sixties, with the gradual recovery of the social economy after World War II, the world on all different levels of the judiciary a "litigation explosion" phenomenon. To solve this problem, countries have launched a trial program for the reform of civil litigation wave of small claims procedure is to emerge in this wave of people’s vision. Small proceedings reflects the fair value of efficiency and judicial unity, it provides a platform for the protection of every citizen has an equal opportunity to be close to the law. Small proceedings not only efficient, inexpensive, and efficient settlement of disputes, and promote optimal allocation of judicial resources, and maximize the effectiveness of the judiciary, but also conducive to promoting social harmony and stability.Since China’s reform and opening, with the accelerating pace of economic development, national awareness of the law has also been strengthened, more people are willing to use the law as a weapon to solve real-world disputes, resulting in civil disputes continue to rush the court greatly increased the pressure on court cases. To address the limited judicial resources in practice unable to meet the growing needs of the people of litigation, our country and learn from the successful experience of foreign small claims procedure reform, based on the first in the country within a small range of litigation cases on small pilot cutting speed and then combined with China’s specific national conditions in this civil action trial reform, the introduction of micro-judicial proceedings for the construction of socialist characteristics. This is not only perfect for the reform of civil procedure, it is a big step reflects China’s socialist construction of the rule of law.However, China promulgated the small claims procedure only to a provision in the legislation as simple to provision, rather than to set up a complete program system, because the legislator provides for small claims procedure is too simple, does not make clear, specific provisions apply, which is better to implement small claims procedure in practice, increasing the difficulties and obstacles. Therefore, we need to specify and supporting systems Small Claims Procedure in-depth research, providing valuable reference for national legislation to improve the future.This article from the six aspects of the small claims procedure described. The first chapter is the full text of the opening section, the source of the small claims procedure discussed this subject from the background; the second chapter introduces the theoretical basis related, from different angles gives the definition of viewpoint Small Claims Procedure; Chapter III from a macro point of view is to study the legal provisions on the implementation of the Small and abroad proceedings, and on this basis, discusses the successful experience of enlightenment extraterritorial legislation of Small Claims Procedure; Chapter IV of the new "Civil Law" 162 conduct assessment, and in-depth study of small claims procedure exists at the legislative level and practical operating problems; based on our small claims procedure established in Chapter V, providing them build and improve legislation and supporting the regime from a little shallow recommendations; sixth chapter is the conclusion, the full text extraction, and look to the future.