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Study On Small Claims Procedure System

Posted on:2004-04-14Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2156360092987370Subject:Law
Abstract/Summary:PDF Full Text Request
As viewed from all over the world, it's a common trend to simplify the procedures and raise the efficiency of litigation in contemporary civil legislation. Many countries pay great attention to the small claims litigation system originated from the United States. The small claims litigation system was established with correspond to the small disputes by means of reasonably assigning the judicial resources. The establishment of small claims procedure is on the basis of the presumption of raising the efficiency of civil action with guarantee justice in order to make the whole civil action system get equilibrium of justice and efficiency. Of course, this system is not perfect and has the problems which are not solved. The key of solving these problems is, from the angle with constructing the multi-dispute-settling mechanism of the whole society, to limit the scope of small claims procedure, to make it become the substitutive procedure, meanwhile, to develop the mechanism of non-litigious settling disputes and to stimulate the coordination with the litigious procedure and the non-litigious procedure. At the same time, the limitation of judge's discretion should be decided, which can be taken as the most effective institute to control. Although there are drawbacks in small claims procedure, any procedure which is beneficial to raising efficiency can attract to courts and parties, therefore, it's certain that we introduce the system from the foreign countries in order to mitigate judicial pressure. However, the author believes that the introduction of small claims procedure should be implemented in two stages in China. Firstly, we should reform the existing summary procedure. Secondly, after the certain conditions are mature, small claims procedure can be established in our country. When we introduce the system, we should take into consideration such as a country's economic development, people's culture and tradition, environment of legal system operation. At present, owing to many differences between China and the foreign countries, the proper method is to take the practice mentioned above to avoid turbulence in legislation and judicial activity. This paper conducts a preliminary probe into the basic theoretical problems on the small claims procedure such as its concept and relevant notions, its features and research significance, analyzes its value and jurisprudential basis, and puts forward the thinking about gradually establishingthis procedure in our country based on a comparative study on major patterns in foreign legislation.Besides the introduction and conclusion, the present paper consists of five parts.Partâ… briefly introduces the process of the small claims procedure, conducts a preliminary examination on the origin of small claims litigation system, establishes the concept of small claims litigation, which is aiming as a target a payment demand of a small sum or other suits containing special natures, what's more, the procedure and the trail subjects are particularly prescribed, and sums up the general features of small claims procedure: (a) the application object is specific; (b) the procedure is more and more simple and completely operates in the common way; (c) mediation is emphasized; (d) a distinct orientation is low cost and high benefit; (e) it is subject to a kind of civil procedure which should be heard by professional judges in principle being seen from the form and nature. Partâ…¡expounds the background of the small claims procedure, which depends on the subjective and objective aspects and its own social functions. On one hand, inherent drawbacks in the ordinary procedure and judicial pressure make the small claims procedure come into being; on the other hand, people have changed their mind, from pay attention to the substantial benefit to the procedural benefit, demanding that the benefit is equal to the cost, meanwhile, more and more people want to take part in the civil litigation. What's more, the peculiar functions of small claims procedure have been confirmed all over the wo...
Keywords/Search Tags:Procedure
PDF Full Text Request
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