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On Simplified Civil Procedure

Posted on:2003-08-28Degree:MasterType:Thesis
Country:ChinaCandidate:N N YinFull Text:PDF
GTID:2156360092975448Subject:Law
Abstract/Summary:PDF Full Text Request
Simplified civil lawsuits are designated at a quick and smooth conclusion of social disputes,they function to maintain social stability,preserve and protect legal rights of both parties and enable the court to trial cases without delay. However,these functions are somehow hindered for the Civil Procedure Law and its implementation rules are not adequately regulated for the procedure,the real judicial practice neither meet the social needs nor the faithful anticipation of legislators. Analyzing the defects in our system and together with the advanced experiences abroad,the text below will look inside the procedure and make a deeper inquiry on its improvement.The thesis is consisted of 6 chapters:The first part is about the righteousness of simplified procedure. The author holds the stance that the righteousness lies in the need aroused as state administrates the society,the lawsuits rapidly increase,the court lawfully assure the litigants their rights,trial cases differently according to their types,enhance the judicial efficiency and provide access to average citizens to the once mysterious court.The second part through real examples appraised the current situation of the simplified lawsuits and analyzed its reason.The third part briefly introduces the judicial practices in western countries.The fourth part names the general principles that the judiciary organs should follow,these includes the principle of justice,of efficient and of citizen-aid program.The fifth part theoretically provides a preliminary structure to perfect our system. These measure are:formally establishing an independence status ofsimplified procedure,widening the applicability of cases to simplified procedure,setting a pre-trial procedure,further simplifying the procedure and setting aside personnel hi ground court purely responsible for the simplified procedure. The last part reiterated the importance of the simplified procedure.
Keywords/Search Tags:civil procedure simplified procedure, judicial improvement
PDF Full Text Request
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