Analysis On The Scope Of Accepting Cases Of Small Claims Procedure In China

Small claims procedure is a civil lawsuit system which was introduced from abroad to China a short time ago, but for its feature of convenience, rapidity and economy, it is favored by the people since implementation in China, and at the same time the people's courts also tend to try small disputes by small claims procedure in order to reduce the judicature cost and relieve their work pressure. But in judicial practice a people's court is not very clear whether small claims procedure could be used in a civil dispute, as a result, this procedure is enormously abused or misused. So to ensure the accuracy of application of small claims procedure, the scope of accepting cases of this procedure should be clearly identified first. In this paper, by analysis on the provisions on the scope of accepting cases of small claims procedure in relevant countries and regions and in conjunction with the present provisions of China, the standard of cases of this procedure in China was expounded, the applicable and non-applicable types of cases of this procedure summarized, then the judicial logic the related types of cases contained briefly analyzed, finally China's current provisions on the standard ofcases of small claims procedure improved and the missing types of cases added, with the purpose to benefit the people's courts to accurately apply small claims procedure in their judicial practice.This paper was divided into four parts altogether:Chapter 1 introduced the concept and system value of small claims procedure first, and then analyzed the significance to determine the scope of accepting cases of this procedure.Chapter 2, through analysis and comparison on the scope of accepting cases of small claims procedure in relevant countries and regions, summed up the commonalities and differences of the scope of accepting cases of small claims procedure in extraterritorial areas.Chapter 3 introduced the provisions on the scope of accepting cases of small claims procedure in China, the scope of accepting cases of this procedure was located by two dimensions, i.e., standard of cases and types of cases.Chapter 4, with the purpose to perfect the provisions on the scope of accepting cases of small claims procedure in China, put forward some suggestions on the improvement and supplement of China's current provisions on standard of cases and types of cases of this procedure.