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Research On Small Claims Procedure

Posted on:2009-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:S M ZhaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
People's interests are very important in legal society. The way to deal with small claims disputes determine the extent of people reliable to justice and court . Simplifying of the procedure and rising of the litigation efficiency is the result of the development trend that simplifies continuously of the civil procedure. The legal procedure of small claims can solve a great quantity of small claims disputes with low cost and high efficiency and guarantee the ordinary citizens able to access to justice. The produce of this procedure is the requirement of reform of civil jurisdiction.The author, based on the analysis of the studies of small procedure both at home and abroad, expounds the basic concept, features and process of the legal procedure of small claims; studies the legal principles of small claims procedure, and introduces the legislation of small claims procedure of other countries . At last the thesis puts forward the suggestion about the establishment of small claims procedure in our country. The thesis is constituted by preface; text and conclusion, except preface and inclusion, there are four chapters in the text.The first chapter: the introduction on small claims procedure. Firstly, it demonstrates the concept and the features of small claims procedure and briefly introduces the origin of small claims procedure . Secondly, through comparing small procedure and summary procedure, we conclude that small claims procedure is a unique procedure, different from summary procedure and the summary procedure can not take place of small claims procedure.The second chapter: the basic principle of small procedure . This part makes clear of basic principle of small claims procedure. The author mainly illustrates petition rights of judicial protect, theory of corresponding fees and principle of proper allocation on judicial resources and principle of trial within reasonable time. Making good use of small claims procedure is proposal to employ judicial resources and conform to principle of economical.The third chapter: The legislation of small claims procedure. This part adopts the methods of comparative analysis introducing the legislations of American, English, Japanese and Taiwan district respectively; then, we get common conditions and different conditions of them, so this part is a base on which to establish small claims procedure in our country. At last the author demonstrates the issue on theories about small claims procedure.The fourth chapter: The studies of establishment of small claims procedure in our country . This chapter is divided into four parts. part one, introduces the practice experience of civil summary procedure in our country ;part two, the author analyzes two small claims cases, then point out that it is possible to design small claims procedure in our country; part three, the author analyzes the feasibility of establishing the small claims procedure in our country; part four, some suggestion which based on the advanced experiences of other country and the states of our country are put forward on how to design the small claims procedure in our country.
Keywords/Search Tags:Small Claims Disputes, the Legal Procedure of Small Claims, Summary Procedure
PDF Full Text Request
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