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Comparative Studies On Small Claims Rrocedure

Posted on:2012-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:C X LiFull Text:PDF
GTID:2166330335957765Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Since the beginning of 21th century, civil judicial reform was going on in almost all countries, whether Civil-Law System countries or Common-Law System countries. In China, with the pace of economic growth is accelerating, lots of civil disputes and economic disputes, especially small claims increasing rapidly,it makes our court be more efficient in dealing with these cases. But the scarcity of judicial resources and the Public's unlimited demand are always one pair of contradictions in our country. The Procedure of small claims can solve a lot of small claims disputes with low cost and high efficiency. The produce of this procedure is the requirement of reform of civil jurisdiction. Based on the analysis of the studies of small claims procedure at many relative countries, the author suggest establishing this procedure in our country. The paper including four chapters except for the introduction and conclusion.The first chapter: the introduction on small claims procedure. It includes the concept, the distinctive characteristics and the backgrounds of establishment of small claims procedure.The second chapter: the legislation of small claims procedure in other countries and regions. In this part, the auther introduce the legislation of different countries in both Civil-Law System and Common-Law System. Then,we get common conditions and different conditions of them,so this part is abase on which to establish small claims.The third chapter: the theories and the practice experience of small claims procedure. This chapter divided into two parts. Part one, the author analyzes three basic rationale of small procedure; part two, the author introduce the experience of civil small produce in our country.The fourth chapter: The studies of establishment of small claims procedure in our country. In this part, some specific suggestions are put forward on how to design the small claims procedure of our own.
Keywords/Search Tags:small claims disputes, small claims procedure, legislative suggestion
PDF Full Text Request
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