A Study On The Localization Of Small Claim Procedure In Our Country

With the in-depth development of our market economy and the process of the rule of law, problems such as surge of number of cases, complex and diverse types of cases, costly litigation follows, which intensify the contradiction of the lack of judicial recourses and demand of judicial practice. The original civil procedure system in the civil procedure law is no longer meeting the need of social reality. Reduce the lawsuit cost, improve the efficiency of lawsuit as much as possible and provide a convenient, simple dispute resolution procedure for people on the premise of ensurence of judicial justice in order to meet the people’s demand of justice and efficiency and relieve the contradiction of "too much case and not enough people" is an important subject which is need to be studied and solved in civil litigation currently. Seize the opportunity of the revision of civil procedure law, on the bases of the guiding ideology of facilitating people’s litigation, improving the efficiency of lawsuit and realizing fairness and justice by updating the design of civil litigation system. Put the building of small claim procedure as a significant procedure reform in order to supply the people’s demand of legal redressing of small rights and interest. On Marchl7th,2011, the Supreme People’s Count issued " The Guidance on Pilot Projects of Quickly Judge of Small Claim by Grass-root Count", which has designated13high count to carry out he pilot projects of quickly judge of small claim. The pilot projects have made progress in the phasal sense and pulled the curtain of the practice of small claim.This paper is on the basis of theory of law; it adopts research methods such as comparative analysis, summarizing and generalization, linking theory with practice, studied the localization of small claim procedure in our country from the definition and connotation of small claim procedure.In the construction of this paper, the introduction part gives a brief introduction on the background how the small claim procedure enter the field of vision of the reform of civil litigation system in our country.Part I, through elaboration of concept of the Small Claims Procedure in the other countries and regions at present, the author puts forward her understanding about the Small Claims Procedure. And by representing the characteristics and the basic content of Small Claims Procedure, the author deeply analyzes the Small Claims Procedure as a independent procedure value concept.Part Ⅱ,through the introduction and review of the legislation and practice results on Small Claims Procedure in extraterritorial areas, including USA, Japan and China Taiwan, demonstrate the legislative purpose among different countries and regions, and contrast their advantages and disadvantages, the author points out the extraterritorial experience to construct Small Claims Procedure in China.PartⅢ,form two aspects of theoretical basis and practical reason this paper expounds the necessity of establish small procedure.Through the analysis of China’s judicial present situation and the introduction of the outside of the practical experience and the introduction and analysis of exploratory practice of Small Claims Procedure,the author Points out the feasibility of establishing the Small Claims Procedure in China. This part describes the current quickly judge of small claim problems existing in the pilot work and analysis the cause of the existence of the problem, it provides some useful guidance for our country to build Small Claims Procedure.Part IV, the core of this paper, basing on the discussing above, reference to the Other countries practice, the author provides the details on how to establish Small Claims Procedure according to China’s actual conditions and the present situation of judicature and localize Small Claim Procedure which is adapt to the needs of the current reform of the system of civil procedure.The conclusion part, summarized the main content of this paper, and especially emphasized the significance of localization Small Claim Procedure in our country.