| Small litigation system in recent years has been the hot contents of the judiciary. Small claims procedure in the early 20th century, originated from the United States, after the 1960s and 1970s have been gradually accepted by other countries and regions, China in 2012, the newly revised Civil Procedure Law provides for small claims procedure, but only a statute, in February 4,2015 just released a judicial interpretation of Civil procedure for small Claims procedure makes provisions single chapter, so that small claims procedure has been further standardized, but some issues remained solve, judicial practice is blind when. Mainly the development of micro proceedings of insufficient specialization, dependence on summary trial process. In this paper, under the premise of the legislative purpose of accurate positioning, compared to outside countries or regions, by improving the three aspects of the program.This paper is divided into four parts, the first section describes the purpose of the legislation and the legislative status of small claims procedure, pointing out that there are still legal blind spots in the legislation; the second part is from the trial court, the trial process and relief mechanism three small claims procedure for the United States, Britain, Japan, South Korea and Chinese Taiwan，Chinese Hong Kong, were summarized and presented in order to more fully understand the small claims procedure. It can be seen outside the building on small claims procedure has been very perfect, more professional than in China. There are specialized agencies of the trial, and some also have special trial judge small cases. Pay attention to the speed and convenience of the trial process, easy to operate, very fast. No country (region) has fully adopted the first instance is final, different countries (regions) use different relief channels, both with small claims procedure overall efficiency, but also to protect the rights of the parties relief; Part Ⅲ summarizes our shortcomings, namely hearing institutions are not independent, officers are not professional, convenient and efficient process did not play out the characteristics of the relief channel is also not specified.The fourth part summarizes the deficiencies before, put forward a sound idea. Divided into three parts:proposed the establishment of a special court of small litigation, training specialized team of judges, provision and efficient trial process design objection made relief channels. On hearing mechanism, it is recommended according to the economic development of grassroots courts, the population distribution, the degree of local small claims court to establish the rule of law, and the formation of a special team of judges hearing of Small Claims; on the hearing process, should be distinguished from the process of summary procedure provisions, documented number, during the trial, the trial time, make more efficient the conditions specified on the instrument; in the way of relief, and small claims procedure extraterritorial Region standards, setting objection remedy system, the parties may in the case of judgment documents issued challenge to the trial court, after examination qualified resumption of the trial from the debate section. Opposition parties judge the results of further dissatisfaction can retrial. Opposition party system to safeguard the rights of relief, but also with the overall efficiency of Small Claims. |
