Research On Small Claims Procedure

Since the rapid development of China, various types of contradictions appeared in our horizon. The citizens’right consciousness enhanced meanwhile the number of litigation also sharply increases. Nowadays our country is being in the social transition period, the judicial actuality of fewer judges with more cases become severe. Alternative Dispute Resolution can shunt a portion of dispute out of judicial proceedings. But if treat the remaining cases equally without distinction, there will still waste a lot of judicial resource. Small claims procedure aimed at reducing pressure of local court via shunting a portion of dispute. On the other hand, it can help parties save money and time and obtain justice. Since the 1960s, common law system countries and civil law system countries stipulate laws of small claims procedure for the pressure of soared litigation and the limited judicial resource. Small claims procedure is the product of social development.The civil procedural law of the People’s Republic of China article 162 prescribes that the small litigation procedure applies to the cases whose amount of money below thirty percent of the average wage employment of the provinces, autonomous regions and municipalities last year. This article analyzes small claims procedure from two angles of theory and practice. On the one hand, we make a comparative analysis between common law system countries and civil law countries, so that we can reference some valuable experience. On the other hand, we make a research on Jinan municipal district. We find the actual applied situation of small claims procedure is far from ideal. Some grass-roots courts even haven’t adopt small claims procure yet. The small claims procedure is very simple and efficient which can ease the burden of the parties. However, the small claims procedure adopts principle of one trial to conclude a case which not allows the parties to appeal. This becomes an important reason that many parties unwilling to use this procedure. The principle of one trial to conclude a case also makes the judges stay away for the responsibility forcing on oneself and high rate of appeal or petitions. In the year of 2015, the Supreme People’s Court come on the judicial interpretation of the civil procedure law of the People’s Republic of China which expound the small claims procedure in chapter 12 independent. However, the small claims procedure carried out not long, some detailed regulations are not consummate. In addition, during the trial the defendant may put forward a counterclaim; the parties may change their claims or add parties which cause the amount of money beyond the standard or the nature of case changed. Then the judge has to transform the procedure into simplified procedure or common procedure. Thus the small claims procedure hasn’t give scope to its function and value.This article includes the introduction and five other parts. The introduction recommends the origin of the research, research targets, methods and some relevant procedures. Part one introduces the summary of the small claims procedure, includes the background, the theory and the characteristics. Part two introduces civil law system and common law system countries’legislation and makes a comparative analysis. Part three introduces the present theory state and empirical research of the small claims procedure in Jinan. Part four introduces the dilemma of the small claims procedure in practice and analyzes the reasons. Part five introduces the countermeasures on practical dilemma of the small claims procedure.It is not our aim just legislating laws. We need the law to give play to its value and bring benefit to the public. This article proceeds at two levels of theory and practice then conclude the problems existing in the justice practice. We think the judicial authority should enhance the publicity of the small claims procedure especially the advertisement the procedure value. It is important to promote the parties to obtain an overall understanding of the small claims procedure; encourage the judges apply to the small claims procedure in policy and protect the opposition privilege of the parties; establish detailed rules and regulations and straighten out the procedure of small claims. This article find problems and put forward countermeasures aiming at making a modest means to the application of the small claims procedure.