A Study On The Perfection Of Small Claims Procedure In China

With the development of economic and society,and more aware of the law, dramatic changes are occurring in the judicial environment in our country and even the whole world,more and more small claims disputes swarm into the primary court. Facing the contradiction between the limited judicial resources and increasing small claims disputes,As a new dispute settlement mechanism, the small claims procedure appears in people's view. According to their own situation,the different countries have established different small claims procedure. After the theoretical research and experiments of small claims procedure for several years,small claims procedure was established with the amendment of Civil Procedure Law in 2012. What's more,the judicial interpretation of modified civil procedure has been stipulated relevant provisions to improve small claims procedure. However,the current small claims procedure still has some issues in the aspect of procedure selection,procedure transformation,right relief and the execution of judgments. So this article is aimed at the further improvement of small litigation procedure under the premise of judicial practice.Besides the introduction and conclusion,it is divided into four main sections:The first section is mainly introduce the general theory of small claims procedure,discusses the produce,development,definition,characteristics and legal basis of small claims procedure,and provides some theoretical support for the perfection of small claims procedure in our country.The second section use the method of comparison and analysis,and pick out some representative countries and regions of common law system and civil law system,analyze their theoretical research and legislation in these areas of program selection,program transformation,the right to relief as well as specific aspects of the implementation,and sum up their similarities and differences in order to provide some ideas for the perfection of the small claims procedure in our country.The third section is mainly based on the legislation and judicial practice of Chinese small claims procedure,described and analyzed the specific legal provisions and the applicable of small claims procedure in some people's courts,and discusses the problem of small claims procedure in our country and the reasons for these problems specifically.The fourth section is mainly based on the above-mentioned situation, problems and cause analysis,proposed the basic principles for the improvement of small claims procedure in china. In addition,based on the experiences of foreign related procedure,the author also discusses how to improve Chinese small claims procedure in the aspect of procedure selection,procedure transformation,right relief and the execution of judgments.