In Terms Of Imporving The Chinese Small Claims Legislation

Currently, the section162of Civil Procedure Law making provision of small cases, however, it has defects for just one provision. Civil Procedure Law does not systematically stipulate the legal standards, party options, relief mechanism Etc. And appeals issues are just defined in summary procedure. Obviously, Our system is not the small claims completely, with respect to the foreign institution,it is simple and crude which can not solve details in practice.This article focus on seven parts.The first part is about the concept of small claims,and the second part introduces about establishing the value basis of small claims system,then the third part summarizes the experience from the provisions of foreign small lawsuit system,and the construction in China to make the base lay.In the fourth part,after having evaluated the lawsuit system at present in our country,it proposed attitude differences between legislature and judiciary,and the lawsuit case of standard,procedure selection, program conversion should be clear.Part V and Part VI closely,the former for the latter to pave the way.In the fifth part the legislation pattern identified as simply ban appeal on the basis of the legislation to improve the concent into the sixth part inside.Part VI is also the core of the text of proposed ideas to improve the small claims system, respectively from the prosecution, trial, judgment and other aspects of the system of lawsuit system. Finally, From the overall trend of the development of small claims, the perfect small claims system should be shifted to focus on these issues unfold. So both to better realize the value of small claims, but also in line with China’s national conditions design.In short,from the thought to the small claims system seriously is the key to improve the small claims system,which should be have a correct understanding to the small claims system. Secondly, in strict accordance with the standards applicable to small claims filing process, in the course of the trial proceedings to be necessary to simplify.Finally, relief mechanism not only to establish the characteristics of the small claims procedure, but also to really protect the rights of the parties relief, and to achieve the purpose of the relief mechanism. In the future reform, we should put the appropriate judicial interpretation,even in the "Civil Law ",further modified the small claims system,to make it truly efficient and convenient intrinsic value, and better service for the judicial practice.