On Improvement Of Small Claims System In China

Researches on small claims system in China began in the 1960 s, and with its continuous improvement, small claims system becomes more and more mature to better achieve the purpose of quickly resolving disputes, but there are still numerous deficiencies in the legislative and judicial practices. The first section of the first chapter gives a general description of small claims system for a thorough study of the nature and the advantages and disadvantages of small claims system from its concept features, theoretical foundation and other aspects. After comparing and referring to the legislation and academic points of view of different countries, combining with domestic researches, the author draws a reasonable definition which should include both a narrow sense and a broad sense. The procedure of small claims system in a broad sense has no much difference from the summary procedure. In a narrow sense, small claims system refers to a faster, easier, and more efficient proceeding which is suitable for the grass-roots courts or small claims court to solve cases with simple details or small amount of money in civil lawsuits. The second section summarizes the general characteristics of the system based on a summary of the characteristics of small claims systems in different countries, which is conducive to understand the procedural advantages of small claims system. This section refers to the features of small claims system in the United States, Britain and other countries. Section 3 and 4 emphasize the necessity of the existence of small claims system and its significance from the theoretical basis and value and significance of small claims system.In the second chapter, the author looked up provisions of small claims system in the network and foreign books, analyzed and compared the two camps of civil law countries and common law countries, and set forth a number of legislative provisions and features of small claims system abroad. The author quoted a plurality of different provisions of small claims system in the UK, USA, Germany, Japan, Taiwan of China and so forth in order to compare them from the legislative background and the judicial status quo, highlight the characteristics of small claims system in these countries, and provide reference for better study of small claims system.Chapter 3 is mainly about the problems existing in small claims system in China, consisting of two aspects, namely the legislation and judicial status quo. The first section describes the background of the small claims system in China. Section 2 is the analysis of the defects existing in small claims system in China in terms of the application scope of small claims procedure, imperfect relief of the parties, and imperfect setting of independent judicial organs of small claims procedure. In terms of the judicial status quo, there are problems such as difficult delivery and execution, high mediation rate and inflexible and inconvenient procedures in small claims system.In the last chapter, combining with previous studies on small claims system, the author makes a number of recommendations for the improvement of small claims system in China by drawing on advanced experiences in foreign countries with mature small claims system. Drawing on some advanced provisions on small claims procedure in foreign countries, the author also puts forward his own opinion in setting of legal instrument and judicial procedure, as well as relief of the parties and other aspects for the improvement of small claims system in China.The author in this paper studies the concept, features, theoretical basis, value significance and other aspects of small claims system, refers to relevant provisions of small claims system abroad, compares the legislation and judicial status quo in China, explores the existing problems, and sets forth valuable advice for the improvement of small claims system in China.