The Study Of Small Claims Procedure

Since the mid twentieth Century,the judicial reform has been carried out in the countries of the world and the main areas,both in the continental law system and the common law system.The small claims procedure as part of the reform of civil litigation,theory and practice have been more perfect in its infancy in our country,has not yet been fully into the public eye.Countries and regions all over the world and to solve the problem of the amount of litigation caused by the continuous development of society and the contradiction between the low efficiency grow with each passing day,the expensive cost of litigation,the reform procedure in the field of civil litigation.As a basis to ensure the fairness and justice of the pursuit of more efficient procedures,legislative procedure in various countries and regions are often the main words attributed to the simple procedure,and some countries also try to separate it out,as an independent and complete procedure.In August 31,2012,China's National People's Congress adopted the amendment to the Civil Procedure Law of the People's Republic of China,which marked the establishment of the small claims procedure in China.Since the of the revision of Civil Procedure Law of the People's Republic of China since January 1,2013,the small claims has played an important role in the national court system,but it also exposed such problems.The main content of this paper includes four parts:the first part is about the concept of small claims procedure,first through the analysis of the characteristics of small claims,secondly make a concrete analysis the theoretical basis of the small claims procedure.The second part of the investigation by the world two countries and major areas,and procedure of main countries and regions mainly for comparison and differences of lawsuit system,and put forward the reference for China's small claims procedure.The third part first analyzes the present situation of small claims procedure and the problems in legislation and judicature,and secondly points out the problems in the legislation and the judicial application.The fourth part of the procedure in the legislative and judicial aspects,proposed consummates our country procedure recommendations included in the proposed legislation and judicial practice in the proposal,in order to small claims procedure in the current judicial reform of our country to further improve.