On The Perfecting Small Claims Procedure In China

To date the more-than-30-year market-oriented reform has changed the Chinese economy greatly. Apart from that, public awareness about law has been raised as the l iving standard develops. To be more specific, the conflict of interests grows with the economic development and the resistance to lawsuits which was common in the past has already converted into totally opposite situation among the whole society. As a co nsequence, courts in our country are facing a rapidly increasing number of small disp utes. Based on that the government introduced the small claims procedures from other developed countries and added it into the new civil procedure law passed i n 2012. In fact, the truth is that these legal procedures have not been made into practic e in many court cases. Therefore, it is crucial to establish a structure of small dispute procedures adaptable to our citizens.This thesis is divided into four chapters. The first one is to define the small dispute procedures as a whole by detailing them and to account for the basics of those procedures by contrasting them with regular ones. Secondly, I put my emphasis on other countries’ relevant laws and draw on their experiences properly. What comes next is an introduction about the practices our country did in the past and a detailed analysis of both problems and advantages of the developing small dispute procedures in our county. Last but not the least, I analyze these practices in detail, and make some suggestions about how to establish the structure based on the situation of our country and the combination between those practices and legislation in other nations.