Research On The Way Of Small Claims Disputes Litigation Relief

With the rapid social and economic development of our country and the people’slegal consciousness is strengthened constantly, the number of civil disputes alsoshowed a rising trend. In these disputes, not to dispute the small claims disputes are,and people are more willing to choose litigation means all kinds of life as a way tosolve the dispute. But at present our country law to solve small dispute lawsuit waymainly has: the court mediation, the lawsuit of representative, small claims systemetc.. In judicial practice, known as "Oriental experience" because of the existence of"the trial court mediation is not divided into" phenomenon, easy to cause themandatory mediation, to determine the pressure regulating; as the majority of smalldispute settlement representative litigation system defect existed in jurisdiction, rightregistration procedures, resulting in the applicable rate is not high; and just establishsmall claims system provisions soon too general, lack of controversial operation andprogram design, and can not give full play to the function of settling disputes timelyand fast. In view of this, in both theory and practice are suggested that China shouldlearn from the advanced experience of developed countries, and constantly improvethe small claims disputes litigation paths, at the same time, also to the new reliefmeans for exploration, and gradually establish a diversified small disputes litigationsettlement mechanism.In this context, this paper through the analysis of the basic concepts, introduces thecharacteristics and present states of small claims disputes related to micro litigation relief lawapproach, and then comprehensively and deeply discussed the existing problems of China’scurrent small dispute settlement, and puts forward some ideas and suggestions to perfect theirChina how to small dispute lawsuit the relief way. This text is divided into five parts: Thefirst part is an overview of small litigation Remedies, introduced the concept of smalldisputes, features and main types, as well as to law and improve themicro-micro-litigation disputes concerning litigation Remedies significance reliefChannel; the second part introduces the other developed regions of different laws concerning small litigation relief Channel; secondly, and made a comparative analysisof small claims disputes lawsuit; the third part of developed countries advancedpractice comparison, has less than three ways for small relief of litigation wereanalyzed; the fourth part is the Perfection of small litigation relief Channel,inadequate for our small litigation solutions exist, the observations andrecommendations made to improve; part V concludes the paper mainly conclusion,and expect small dispute Settlement Mechanism as soon as possible to be perfect.