Research On Small Claims Procedure In China

With the rapid development of market economy in our country, a variety of economic disputes emerge. Small disputes which is closely related to people’s daily life take a large proportion. As to ordinary people, they really need to seek legal remedies for small disputes. However,as to the court, with the increasing of civil cases, pressure is growing. Undoubtedly, applying ordinary procedures to small disputes, the burden of the courts will increase. For ordinary people, civil procedures will face with the cost of time and money. If we have no special procedures to protect it, these small disputes can’t be resolved.Civil procedure law which has taken effect on January 1,2013 adds the small claims procedure in the chapter. On the one hand, it perfects its form and content of civil procedure law; on the other hand, these legislations related to the small claims procedure are flexible and lack operation in our nation. The practice effect is not ideal. In order to lower the cost of the small claims and increase its efficiency, we must issue detailed rules quickly and perfect the small claims procedure. Applying to the legal knowledge and drawing lessons from its successes and failures of the internal and overseas cases, the author analyzes the small claims procedure and comes up with some perfect suggestions by application of comparative analysis method, literature analysis method, valuable analysis method and demonstrative analysis method, and arouses the specific suggestions.There are three parts in this paper.The first part mainly studies the theoretical basis about the small claims procedure. Firstly, the author defines the small claims procedure according to the views of scholars at home and abroad. Then, the author analyzes some cases and learns universality and particularity of the small claims procedure. Finally, the author discusses the value and significance of the small claims procedure.The second part explains the challenges of the small claims procedure. The paper points out three difficult questions, regulations are flexible, litigation is costly, remedies is imperfect. This paper conducts a deep study in order to better deal with the legal obstacles.The third part puts forward reasonable suggestions for the small claims procedure. Firstly, in terms of legislation, we should detail laws and regulations. Then, in terms of procedure, we should simplify its process and reduce cost. Finally, in terms of right remedy, we should perfect systems and protect people’s rights.The author hopes this paper can provide some theoretical and practical supports for the formation and improvement of the corresponding legislation to solve small disputes.