The Theory Of Building Small Claim Division

With the constant improvement of the legal construction,the raising of civil rights awareness and safeguarding consciousness,the lawsuit in our country has gradually increased in recent years,especially in some small cases,showing a trend of growth.Small cases has the universality and sociality,if not timely solved,may reduce the general public's trust in the judicial,which is not conducive to the construction of the rule of law society.Court is limited by its establishment.With growing pressure,judges face the increasingly contradiction between scarce judicial resource and the needs of judicial practice.Simplifying the judicial procedure and improving the efficiency of litigation have become a common trend in reform of the civil procedure law around the world.The emergence of the small court conforms to the trend of judicial reform in the world,which is the product of facilitation reform.Based on the reality of solving disputes efficiently and conveniently,the United States established the first small court in the world in 1913,providing people with diverse program choice.After that,many countries set up special small court and specialized agencies to deal with small disputes on the basis of reference to the United States,receiving a very good judicial effect.With simple and convenient judicial proceeding,low cost of lawsuit,flexible operation,and no too many legal skills,small court has the characteristics of fast setting up,fast interrogating and fast executing,which not only improves the working efficiency of the judge,but also ensuring the rational allocation of judicial resources.In order to relieve the contradictions of "more cases less people" to make more efficient use of judicial resources,the author believes that the system is worthy of reference for our country judicatory system.On one hand,due to the defects of our current civil trial mechanism,it cannot adapt to the economic development in the typed case requirements.Small case must be specially treated,its characteristics require a simple,quick and cheap proceeding to solve.And small court can be efficient organizations that are especially for small case.On the other hand,in the event of a suitable on the plight of the background,because of coarse legislative technology,the establishment of small lawsuit system in our country needs to find a suitable way for the development of the local model to make a lot of small case to obtain the very good solve.In the judicial practice,some grass-roots courts have begun to explore the way of small court localization.The author proves it from the localization of small court,on the basis of bold ideas for caution.This article mainly divides into five parts;the first part further introduces the basic theory of small court.From the point of the development of the small court,it has the characteristics of simple and convenient judicial proceeding,low litigation cost,paying attention to peculiarity mediation and has the value orientation of convenience and high efficiency.The second part starts from the situation of our country,analyze the necessity of setting up the small court.Small court is the result of professional judicial,case categorization,and the particularity of small disputes.It is an important measure to solve the shortage judicial resources and highlight the independent value of the small litigation procedure in our country.The third part points out that we have the legal basis and experience about small court system in our country with analyzing the feasibility.The fourth part reveals the defects of small court.Small court is not perfect.It may cause the problems of rampant litigation,too much discretion in judge's hands and difficult execution.The fifth part mainly discuss the building of small court,from aspects of the institutional setup,staffing,scope of accepting cases,and perfect the proceeding.