Improvement Of The Small Claims Procedure

Small Claims Procedure has been widely adopted in many countries and regions of the world. With the development of the times, our own small claims procedure had be established in 2012, but only one statute. The good news is that just released a judicial interpretation of Civil Procedure for Small Claims Procedure makes provisions single chapter, which makes small claims procedure has been further standardized in the February 4, 2015. However, some issues remain not to be resolved, such as the using rate is not high, the practice is not an ideal situation. Therefore, there is need for further research on the program, put forward a sound advice. Through literature analysis, data analysis, comparative analysis and other methods to introduce research experience as well as our outside appearance of small claims procedure in legislation and practice problems. After analyzing the imperfect place, made a series of perfect solutions. It should be noted that, after the article has been finalized, the new judicial interpretation of the introduction of the Civil Procedure Law. Part of the problem and improve the measures proposed in the article has been referred to judicial interpretation, so I according to the latest judicial interpretation of the article to make some adjustments.This paper is divided into five parts. The first part of writing a clear intention of this article describes the purpose and significance of Small Claims Procedure. The second part of the concept and function of the value of small claims procedures are described. Third part is the same point Small Claims Procedure United States, Britain, Japan and Taiwan of China and differences were introduced, and thus more comprehensive understanding of small claims procedure. The fourth part is the causes of litigation legislation and practice status quo small display and analysis of causes of the status quo, major deviation from the legislative intent and awareness for Small Claims Procedure low for low and other aspects are discussed. The fifth part is the perfect response to these problems, mainly to improve the legislative model, the specific design of the system, remedies and enforcement procedures, and proposed to build a network of small litigation system, in order to improve our Small Claims Procedure.