On The Perfection Of Minor Procedure In China

In recent years, with the deepening of China’s economic reform, political reform also advances in exploring, and ruling by law has been popular as a basic concept of governing a state. Therefore, strengthening the rule of law and making a useful and bold attempt in the judicial practice is not only the need for political reform, but also the manifestation of justice for the people. Economic activity will inevitably give rise to arising of disputes. As the number of civil cases skyrocket, the original ordinary procedures and summary procedures see the drawbacks in efficiency on settlement of lawsuits, especially in the face of the demands of the tiny rights, how to reflect the value of efficiency, benefit and justness from the procedure setting of the Civil Procedure Law is one of the problems we face.The new "Civil Procedure Law", which entered into force as of January1,2013,has a new breakthrough in the setting of civil procedure and institutional innovation, in which the setting of the small claims system is one of the highlights of the new Civil Procedure Law. The system is specified in the chapter of summary procedure, featuring simple trial, First Instance as the Final Instance, reflecting the two basic concepts of Civil Procedure Law, that is, fairness and efficiency, which is a useful attempt for facilitating the parties to participate in the proceedings and reducing the litigation costs. At the same time, we also see that the new the new Civil Procedure Law is very ambiguous for the provisions of the system, the specific procedures setting being not clear, and the practical operability being not strong. After the promulgation of the new Civil Procedure Law, in just one year, the grass-root courts have done a lot of work in resolving the disputes over the small claims, accumulating some experiences, but more problems were reflected, for example, the process for starting dispute resolution of small claims should be chosen by the parties or be applicable to the court ex officio; given the summary procedure already exists, the necessity of the presence of small claims procedures, etc. This paper, depending on the condition of the international legislation for small claims, analyzes and understand the characteristics and the legal basis for small claims procedure, from the perspectives of horizontal contrasting, discusses the trends of small claims in China and the problems that exist in the process of system building, in order to be able to benefit the development of China’s small claims system.