Small Claims Procedure Research

The reform of the civil justice system is in order to improve the effectiveness of the proceedings, and to guarantee citizens’right of appeal to the court. The Small Claims Procedure had to win the attention of the judicial practice, because it has the civic jurisdiction Protection feature and highlight of the effectiveness of the proceedings. In order to solve the contradiction between China’s judicial supply and demand of increasingly sharp, May2011"Small quick judicial procedures experimental " work in the90country courts, explore for the Small Claims Procedure’s establishment of our country.Ultimately, the new "Civil Procedure Law" put the Small Claims Procedure into the China’s civil trial procedures officially. It should be said that the establishment of the Small Claims Procedure is a controversial process, the theorist circles that the the Small Claims Procedure is "outdated" program, but some scholars have actively advocated its establishment. But in any case, in August2012, the "Civil Procedure Law" had the final word on these controversial that put the the Small Claims Procedure into our civil trial procedures. But "Civil Procedure Law" has the only one provision about the Small Claims Procedure, far for to prop up the program. And for a long time, the Supreme People’s Court also doesn’t make the Small Claims Procedure applicable guidance. Although the High Court of Guangdong Province, Beijing, Jiangsu, Zhejiang and Jiangxi Province has makes the local provision of the Small Claims Procedure to suitable for local use, but due to the lack of uniform guidance, different regions’provisions showed a huge difference.Firstly, an overview of the legislative situation of the Small Claims Procedure state clearly that to proceed to the next stage of the harmonization of legislation or judicial interpretation of the Small Claims Procedure is necessary for China. Small Claims Procedure pilot analysis reflects the useful experience and problems in the running of the Small Claims Procedure. Recommended the perfection measures of Small Claims Procedure is basis of the experience of the Small Claims Procedure and the related issues of Small Claims Procedure. This paper is divided into four chapters:The first chapter is about the legislation survey of the Small Claims Procedure. In this chapter fully expounds the concept, characteristic and value pursuit of the Small Claims Procedure, on the basis of the theoretical background of legislation in our country, the legislation and the present situation of legislative, this paper suggests that it is necessary to unified legislative or judicial interpretation before starting the Small Claims Procedure.The second chapter is about the Small Claims Procedure’s experimental analysis-based on the Quickly judge program on the Guangxi Zhuang autonomous region’s B people’s court of A city. Sum up the Quickly judge program’s experiences and point out the problems, provides the corresponding ideas and countermeasures for the perfection of the Small Claims Procedure’s building.The third chapter is about the exploration of the important issues in building small claims procedure. Explore the problem of the small speed cutting program and the necessary problems of construction of the small claims procedure, particularly is about the expansion of the scope of accepting cases, the absence of plaintiff qualification regulations, the lack of translate regulation and the lack of judicial credibility in the small claim procedure, and the important question of the choice of the small claims procedure legislation pattern and the relief method, to provide concrete countermeasures and solutions to perfect the small claims procedure. The fourth chapter is about the proposal for perfection of the Small Claims Procedure. Base on the experience of the the Quickly judge program and the exploration of the important issues in building the Small Claims Procedure, concrete suggestions are put forward to the scope of accepting cases, the plaintiff qualification,start-up, trial procedure, program transformation, relief and set up an independent small courtroom, to design the Small Claims Procedure in the China.