Abstract:
The proceedings fbr small claims or Petty cases has its unique attribute and is separated as "special procedt:res" in the [ II Chapter 1 of the Civil Procedure Code. In general, small claims cases are civil claims with limited amount of disputes. This limited amount of disputes may so limited that not enough to cover the la fees and all expenditures. So, in practice, the persons with legitimate interest or injured persons might loose their rights and benefits without any properly legal action or enforcement. These practices definitely cause unthirness for all persons with legitimate interest or injured persons and the whole society. Consequently, States have to form the special mechanism to remedy the injured persons and the fairness. Small claims proceedings is universally accepted to he used as the effective remedy for these small claims or disputes.In this thesis, the author has analyzed the concept and principle, rules and procedures, including to the trial proceeding for small claims cases in Thailand and also compare to small claims proceedings in other countries. The new Amendment of small claims proceedings in Thai Civil Procedure Code in 1999 makes the proceedings more present and fulfilled the a ot small claims proceedings. This Amendmentheightens mediation procedure, economical expenditures, speedy process, and lenient court proceeding. However, this Amendment still has some problems effecting the small claims proceedings. For the small claims concept in other countries, the author has examined the proceedings from many countries, England, Australia, France, and thund the same fundamental concept ot' small claims proceedings. This concept is to ensure the "access to justice" and the practical enfiarcement of legal right. Moreover, it is the basic responsibility of every State to ensure this basic right for its peop'e.At the conclusion, the author has summarized and proposed several alternatives to amend the small claims proceedines. the proposal to separate the small claims proceedings from the Civil Procedure Code, the proposal to hold a mediation in a separate room other than a presiding court room, the proposal to emphasize the inquisitoriat role on the cases on jud hchai