A Study On Small Claims Procedure

With the rapid development of China's economy, escalating social conflicts and disputes, a significant increase in civil disputes and limited judicial resources lead conflicts become more serious. In 2012, the Civil Procedure Law increased small claims procedure, the procedure is efficient, convenient, low cost and other advantages. This greatly facilitates the general public's access to justice weapons to safeguard their legitimate rights and interests, also happens to be consistent with the current trend to build our diverse mechanisms to resolve disputes. In addition, the small claims procedure can ease the tension of the Court of Justice resource pressures. The implementation of the "Supreme People's Court' interpretation on the application of <Civil Procedure Law of the People's Republic of China > " from February 4, 2015 specific Small Claims Procedure applicable to a more comprehensive provisions.This thesis is divided into five parts, the first part introduces the background and significance of this writing, research status and research methods. The second part describes the small claims procedure concepts, features, and introduces its theoretical basis. The third part is to analyze the current situation of our small claims procedure legislation, judicial practice. And that the presence of the following questions, the parties have no right to program selection, the lack of Remedy System and the implementation of the safeguards system. Part 4 examines the characteristics of small claims procedure the United States, Japan and Taiwan of China and compared. In order to provide reference for solving our problems in small claims procedure.The fifth part of this article is based on our small lawsuits legislation and judicial practice the problems by improving the relevant systems and measures.Due to the presence of the parties have no right to program selection, the lack of implementation of the safeguards system and relief mechanisms. And judicial practice applies lower rates and other issues. To solve the above problems should be given the appropriate parties in the legislative procedure option, the establishment of the relief system and build opposition implementation of the safeguards mechanism. At the same time, strengthen the judicial practice in job security and professional training of judges and the strengthening of procedural law publicity to raise public awareness of the Small Claims Procedure.