| As the rapid economic development of China after the reform and opening up, the judicial environment has undergone profound changes. To deepen the reform of the judicial system and solve people’s justice demands and current judicial ability insufficient contradiction, judicial circles have carried out small claims procedure in terms of exploration and practice. On the basis of this, China introduced the small-amount lawsuits system in the modification of civil procedure law in2012. However, the current civil procedure law of our country on the small claims procedure stipulation is simple, just laying out the case scope and using a tiered system without involving small-amount lawsuits system. On the other hand, it also requires the implementation of many supporting system and cohesion measures. Thus, we must carry out in-depth exploration and research.Besides introduction and conclusion, this thesis is divided into four parts.The first part is mainly based on procedure law theory. Through comparing the small claims procedure and simple procedure and the ordinary procedure and absorbing the current domestic and foreign scholars on the basis of research results, it analyzes the concept, nature, characteristic, value and function of small claims procedure and summarizes some regular knowledge, so as to build a small sum litigation system to provide theoretical support.The second part uses comparative analysis method and then selects the continental law system and Anglo-American law system typical of the country or region, introducing the relevant legislation according to the different countries or regions of the legislative investigation. It also analyze the current major countries in the world on the small claims procedure legislation in the same points and different points so as to build a small litigation draw lessons from them.The third part has analyzed the characteristics and deficiency of the current small litigation system of our country mainly from empirical angle. And on the analysis of China’s current judicial dilemma in the foundation, has analyzed the necessity and feasibility to build China’s small litigation system,in order to provide the legislative reference.The fourth part is mainly based on the first three chapters. It aims at further perfecting our petty lawsuit system from the point of legislation and put forward a set of comprehensive, system, legislation their advice from small claim cases in institutional settings, case scope, prosecution, trial to the case acceptance, relief and execution. |
