The Studies Of The Relief Procedure Of Small Claims In Civil Litigation

As a new system that China's Civil Procedure Law has set up, Small claims litigation has no doubt offer a fast and convenient solution to the small cases claims. However, legislation only adopted its general statement of relief in "final first instance", rather than to offering a specific description, which resulted to the difficulties in playing a more active role as expected.The system of first instance for final shall undoubtedly increase the cost of litigation for the parties and not helpful for settling the disputes as soon as possible. Various counties or religions pay attention to make the full use of advantages of small claims by adopting more comprehensive remedies to protect the rights of the parties in the litigation. How to reference the foreign experience in building our own litigation has become a increasingly important issue. In able to play a continuing role and to fully protect the right of the parties in finding the balance, we should study the problems occur in small claims through the analyze the theoretical research and empirical analysis, combined with the comparison with extraterritorial legislation. It will be able to ensure that the small claim litigation procedure applies correct.The first chapter focus on the current remedy procedure of small claims, and discuss the most common remedy procedure and its defects,which impact deeply to small claims procedure quick, convenient features.The proving of the necessary of existing small claims procedures not only be the premise to remedies of small claims, but also being the key pointto seek the balance in justice and efficiency.The second chapter is the analysis of small claims extraterritorial relief program. Referring to common law and civil law countries advanced legislative experience is significant for our country to build our own system. This chapter describes three patterns in foreign counties or regions: the referee opposition system, motion system and the special appeal system. By analyzing their respective applicable subject, the special applying conditions, as well as procedure and terms, aimed at further clarifying the problems which should be focused by legislation,namely: the balance between justice and efficiency and effectively solve problems of judicial practice faced by small claims relief in our country,by comparative studies on our shortcomings.The third chapter deals with a specific measure for extraterritorial legislation in various countries and regions experience relief on small claims procedures, and build our own small claims relief mechanism.Hope to establish through three initiatives for our small claims special relief mechanism, continue to play a fast, convenient, as court cases shunt advantage of small claims, to make up for lack of the right to appeal to protect the small claims procedure, providing more adequate judicial protection, and enhancing the identity of the parties in small claims litigation.