Reflection And Reconstruction Of Small Claims System In China

After the World War II, In order to solve the problem of litigation expansion,many development countries launched the civil judicial reform movements, which are in pursuit of judicial justice and judicial efficiency.During this period, Small claims system was gradually recognized and adopted in these countries due to its feature of resolving small minor civil disputes activities with high efficiency and low cost, mitigating the pressure of court works and helping to achieve instant judgment value and so on.The call for reforming China’s judicial system has been long-standing, and the research on trial reform of the system is not a fresh topic in civil judicial field. With the coming out of the new "Civil Procedure Law", Small claims system was finally established in accordance with the law after several years of exploration and Practice. The design of relevant provisions is the summary of our country’s previous research and the innovation in our traditional judicial procedure. It earned attention from law circles and common people, however, the shortness of the provisions also caused heated debates.This paper is divided into five parts. The first part presents an overview of Small claims system and introduces its definition, characteristics and the value goals. The second part introduces the operation of the Small claims system in some representative countries and regions, and combines with our practice, and compares the differences and summarizes their advantages. The third part concludes some existing problems in the aspects of theory and practice and reflects the causes. The last part combines theories with practice and gives improved suggestions based on civil procedure law.