On The Construction Of Small Claims Procedures In China

With the modernized process of Chinese society, the rapid development of the socialist market economy have made a big change about the thoughts of economy,political and people's right consciousness. Unfortunately the current civil judicial system of our country have no ability to give a positive and efficient reflection and resolve effectively the scarcity of judicial resources and the Public unlimited demand.In fact, the degree of sophistication in each case is different, so the corresponding settlement procedures should be different. For more complex cases involving the interests of major cases, it is proper to resolve them with complete proceedings. But for the cases involving simple facts and small amount of money, there is no need to waste "expensive" judicial resources, and it should apply more easily and efficiently procedure than the summary procedure. However, the civil law procedure of our country is simple, only including the general procedures and simplified procedures, and it cannot meet people's diverse needs of the dispute solution. In practice, a large number of small disputes apply unnecessary complexity programs. It not only leads to inefficient administration of justice, but also caused a serious waste of judicial resources. Moreover, in a specific small dispute, it is difficult to say that the sentences come from a simple procedure is not as fair as the one come from the common and summary proceduresThe author believes that only through a wide range designed of the civil procedure, can satisfy the public demand for a variety resolution of the dispute and make rational allocation of judicial resources. The small claims procedure is a very important part in building diverse civil law procedure. This article, based on the analysis of the basic concept, features and the process of the legal procedure of small claims,the studies of small claims procedures both at home and abroad, the thinking of the urban-rural dual structure of our country , puts forward the suggestion about the establishment of the small claims procedure in our country.