Perfecting Of The Small Claims Procedure In China

In the new century,China's market economy has been rapidly developed,but the ensuing disputes are also increasing.So we must seek a low-cost and efficient dispute resolution mechanism to response the actual needs and optimize the judicial resources of our country.And the small claims procedure just has these advantages.Thus,the Section 162 of New Civil Procedure Law in China has been established it.However,the rough legislation and the impact of some practical factors result in many problems in judicial practice.Thus,refining the law become an inevitable choice.Subsequently,we conduct a series of supplements of the small claims procedure,mainly in the reflected in the Article 271-283 bar of newly published judicial explanation of People's Republic of China Civil Procedure Law(hereinafter referred to as the new explanation).Although the Law has been supplied,the small claims procedure still meets many difficulties in practice which still not be resolved.Therefore,we must modify the law in order to resolve the problems in practice.Hereby,this article will offer some advises to resolve these problems in practice by some research methods,which including case analysis method,comparative analysis method,and document analysis.This article is divided into four parts.In the first part of this article,selecting four typical cases of the small claims procedure in judicial practice,and at the same time,the author makes some analysis of these cases and knows that there are many problems in the practice.For example,procedures for confusion,the defect of mandatory start program,lack of relief,enforced law of judgment.And these problems should be solved.In the second part,exploring and analyzing the current situation and the problems existing of the small claims procedure in China.First,explaining the small claims procedure in the New Civil Procedure and the Judicial Interpretation.Second,stating some problems in the theory section,in order to offer theory of the advice.In the third part of the article,contrasting the small claims procedure of the United and Japan and Taiwan,in order to draw some enlightenment for us.In the fourth part,which put forward some sound advises for the small claims procedure in China to resolve the problems of the judicial practice.