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Study Of The Legal Procedure Of Small Claims

Posted on:2007-05-01Degree:MasterType:Thesis
Country:ChinaCandidate:L L CuiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Since the 1950s, the world civil jurisdiction system undergoes a vigorous campaignnamed "Access to Justice". The guiding principle and the aim are to guarantee thecitizens' litigation right and to make the judicial services available to the ordinarycitizens. The traditional civil procedure has many disadvantages such as procedurecomplexity, long period and high cost, etc. To overcome these disadvantages, manycountries adopt various measures to simplify the procedure, shorten the period andreduce the cost in order to guarantee the ordinary citizens able to access to justice. Thelegal procedure of small claims can solve a great quantity of small claims disputes withlow cost and high efficiency. So more and more countries realize its value and establishthe small claims procedure by improving the civil procedural system. With thedevelopment of our socialist market economy, a lot of disputes specially small claimsdisputes arise. And the enhancement of people's right consciousness causes the growingdemand for the jurisdiction. But our tradional civil jurisdiction system can't meet thegrowing demand for civil procedure, especially the summary procedure is not suitable tosettle the small claims disputes due to its own disadvantages. This causes a great deal ofsmall claims disputes drifting away from the court.Faced to the growing workload of lawsuits and jurisdiction plight,the author insiststhe establishment of the small claims procedure has theoretical and reslistic significance.The author, based on the analysis of the studies of small claims procedures both at homeand abroad, expounds the basic concept , features and the process of the legal procedureof small claims;studies the legal principles of the small claims procedure, and introducesthe legislation of small claims procedure of other countries. At last, the thesis putsforward the suggestion about the establishment of the small claims procedure in ourcountry.The thesis is divided into three parts, including the preface, the text and theconclusion.The preface introduces the social background and the significance to study smallclaims procedure in our country.The text contains five parts.The first chapter establishes the concept of the legal procedure of small claims,based on the analysis of the studies on the legal procedure of small claims by otherscholars. Then it summarizes the general features of small claims procedure ,compared tosummary procedure. Finally this part briefly introduces the process of the legal procedureof small claims.The second chapter clarifies the legal principles of the legal procedure of smallclaims from four different viewpoints, containing (a) guarantee citizens of equality ofopportunity for access to justice. (b) balance the procedural guarantee for prudentialjudgement and the procedural guarantee for simple judgement. (c) the correspondencebetween the civil dispute settlement institution and the type of case. (d) the relationbetween the legal procedure of small claims and the construction of the social under therule of law.The third chapter introduces different content of the small claims prodedure ofdifferent countries, from the perspective of comparative law, and points to the problemsof the small claims procedure, for example, gaining procedural efficiency by losing somejustice, easily causing the abuse of litigation procedure, the limited application scope,failing to overcome the inherent limitation of the litigation. This part also expounds howto understand correctly the deficiencies of the small claims procedure.The fourth chapter discusses the necessity of establishing the legal procedure ofsmall claims in our country from the following aspects: (a) The development of socialistmarket causes a great quantity of disputes .(b) The summary procedure provided in ourCivil Procedure Law can't meet the demand for the settlement of the small claimsdisputes. (c) Standardize the practice of the legal prodedure of small claims used in ourinferior courts. (d) The small claims procedure is especially demanded in the countryside.The fifth chapter puts forward author's suggestion on the structure of small claimsprocedure as follows: (a) the legislation style;(b) the application scope;(c) the proceduretransformation;(d) the jurisdiction;(e) the judicial organ;(f) the mediation (g) thesimplication of the procedures;(h) the trail instance. At last this part points out theproblems we should pay attention to in the establishment of the small claims procedure inour civil procedure law.
Keywords/Search Tags:small claims disputes, the legal procedure of small claims, civil litigation procedure, summary procedure
PDF Full Text Request
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