Studies On Legal Procedure Of Small Claims

Fairness and efficiency are the legal value of the civil procedure,but also collide with each other on the procedure application.To some extent,efficiency is achieved at the expense of fairness,and vice versa.The small claim proceeding results from value conflicts between fairness and efficiency.For simple civil cases with explicit facts,clear jural relations and small amounts,small claims proceeding which is simpler than general procedure should be applied in order to achieve efficeency.At the same time,judges can play an active role in small claims,which can promote proceedings running more efficienceiy.The function and value objective of small claims proceeding is sacrifice procedural justice for the higher efficiency,lower costs,and more reasonable judicial resouce disposition.However,there are some problems in small claims judicial practice.This parper investigates,from the perspective of concept,feature,value,function and judicial practice and the problems to be solved.It also analyzes the nature of small claims proceeding in order to make this proceeding constantly modified and perfected injudicial practice.