The Research On Small Lawsuit In Our Country

Since entering into the21stcentury, all countries with both civil law andcommon law are carrying through judicial reform. Civil litigation is an importantpart in judicial reform. There are high hopes of civil procedure law reform, but it stillstays in the stage of scholars call. Since2011NPC Standing Committee decides toconduct thorough reform, it formally comes into view. Small lawsuit is a newjudicial process in civil procedure law reform. Amendment of Civil Procedural Lawpassed by parliament in2012stands for China formally establish small lawsuitsystem. The paper, taking opportunity of this system, discusses the meaning,legislation function, character, and the present system of small lawsuit system, andthinks about its operation situation, restrain reasons from the perspective oflawmakers. The author considers that its meaning can be analyzed from two aspects:on the one hand, we need to perfect the present civil procedure, diversified andreasonable, in order to realize relief function. On the other hand, we can provideparties with an easy way to safeguard right, reduce the barriers of close to justice,and elevate the level of ruling by the law. Based on the two values, this paper makesa research and puts forward some suggestions toward the small lawsuit system. Theauthor hopes that this will make up the insufficient law and realize its status inlegislation thus to fulfill its function. The thesis mainly adopts the method ofcomparative study and empirical study. In comparative study, when researching inconcepts and characters of the small lawsuit system, the author compares theconcrete regulations and operations of practice in some advanced countries amongcivil law countries and Bri-Ame system countries. In empirical study, the authoranalyzes the current operation situation of this system in his own company, and hegets to know the details in operating. The author hopes that the paper could providesome suggestions in improving the system.The paper starts from the concept and features of the small lawsuit system andthen analyzes the legislation function, the current situation in our country, the operation condition and the problems. Finally, the author carries out somesuggestions in perfecting the system and emphasizes that the small lawsuit system isa brand new procedure of trial. After a thorough deliberation, the author believes thata major part of the disputes in civil suit can be settled through fairly usage of thesystem. What’s more, it is of great value in optimizing the lawsuit resourcesdisposition and protecting the rights of the people concerned. While it still needs tobe improved in legislation and practice.