Comparative Study On Small Procedure On Both Sides Of The Taiwan Straits

In this paper, the small claims procedure, refers to the small claims court or special court which involves small claims of grass-roots court, the trail procedure of the case which involving small claims is far more simple and effective than ordinary civil litigation summary trial, and the whole process of small claims are quite different on system target, scope, trial procedure and relief ways,which compared with the summary produce. Small claims procedure in the judicial practice has many benefits which can guarantee the party’s choice in lawsuit, optimize allocation of judicial resources and improve the citizens’ legal consciousness.Using the experience of legislation and judicial practice in Taiwan will help us to improve the mainland’s small claims procedure. Taiwan area of China has already set up a series of law system of small claims which involves the applicable scope of the small claims start up mode, transformation of a small claims procedure, small lawsuit system of retrial procedure, etc. The function of small claims in Taiwan area has great advantage, and at the same time, the scope of application, starting mode and the transformation of the program, is also worthy of reflection.Back in mainland area of our country, small claims procedure in the practice of running meets some conflict between justice and efficiency, and the legal mode is somewhat unreasonable, laws on small claims is relatively simple, so it is necessary to draw lessons from the relevant experience of small claims procedure in Taiwan. In details, it’s helpful to focus on the proper choice of legislative mode, the clear case-hearing level and scope of application, try to improve the start up mode and transformation, establish the relief system, and other aspects. Through scientific and reasonable system design, it’s possible to make up for the deficiency of the small claims procedure in mainland area, try to avoid unnecessary negative impact, put a better use of small claims procedure, bring more benefits for the people and the judicial practice.