Analysis And Prospect On Small Claims Procedure Under The Newly Revised Civil Procedure Law

People shall not stay away from judicature for the professionaland complex defect of its procedure.Since the awareness ofmaintaining their legal rights came to their senses,they expect to makethe judicature as an important weapon to maintain their own rightsmore and more.Judicial system has to give a feedback to such kind ofexpectation.Therefore, the small claims procedure appeared at theright moment. In recent years,the explosive growth of civil cases makethe judicature overwhelmed. The practical extent highly support thesmall claims precedure during the revision process of Civil ProcedureLaw,while in the new revised Civil Procedure Law, there is just onearticle which is addicted to the summary procedure.Compared to the strong expectation during the legislation,manycourts are not interesting in the small claims procedure which wasonce charged with an important mission to solve the “more cases,lesscourt staff” problem.As for the reasons, except that legal regulation istoo simple to practice, its own conflict, the offset path of thetransplantation of law and the difficult of fusion between local cultureand judicial system are also important sources.The small claimsprocedure,which has been put into practice,still represents the popularand international tendency of the law in a country.Therfore,from the perspective that people came to the law to realize the benefits oflitigation,the small claims procedure is meaningful.During solving ajudicial problem, we should not concentrate too much on itsprocedure,which has surpassed the endurance capacity of the systemarticles.Any kind of small claims disputes cann’t be completelyabsorbed or solved by some kind of system. So it should beconsidered that how to make the small claims procedure play its ownvalue,adjust the local culture and connect with other litigation systemefficiently to realize the justice everywhere.This essay will analyse theproblems existing from theory to practice of small claims procedure inour country,according to its specific legislation and excutionsituation.And the essay will also talk about how to improve andperfect the small claims procedure from inside and connect it with theexisting procedure of our country so as to play its own function.This essay consists of four parts:The first part will state the legislative background and process ofsmall claims and reveal the value orientation of small claimslegislation,then point out the difficulty of small claims in judicialpractice by some example analysis.The second part will deeply analyse the reasons which make thesmall claims difficult by five aspects including reform path、value orientation、judicial basis、realistic function and protectation of rights.The third part shall analyse the background and systemcharacteristic of small claims by connecting legislation and judicialpractice of other countries and the key factors of small claims talkedin the legislative process of our country,and comparatively analyse thesystem designation of main countries of Anglo-American legal systemand Continental legal system.The forth part states theoretically the intension when we designthe small claims procedure;then explains the contents which need toemphases when designs the small claims procedure from the systemdesignation aspect;Lastly we shall explore how the small claimsprocedure can connect with other procedures from the systemconnection aspect.