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Research On Small Proceedings

Posted on:2015-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:X GongFull Text:PDF
GTID:2176330431452457Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Along with the rapid development of the world economy, people are paying more and more attention on disputes in relate to private properties. Therefore, number of small property disputes keeps on emerging in people’s daily lives, citizens require law to protect their own rights, when they are facing their property disputes. At this level, said state law can be trusted nationals of countries the level of rule of law, citizens can spread awareness of the law, which are directly or indirectly with how quickly and efficiently resolve property disputes linked to microfinance. Therefore, the state set up a special order to resolve disputes quickly and efficiently proceedings small property, which is small claims procedure. Country before2012, in the face of increasingly small number of civil disputes, usually resolved through summary procedure for trial, but the characteristics of summary procedure, let not the case with their own specific actions fit small, and therefore it can not meet the needs of citizens in solving small disputes. Because small civil disputes from occurring until the litigation stage areas, the time interval is shorter, but disputes the amount of the less controversial, once summary procedure for trial, will be the high cost of litigation costs, and interest in this litigation phase itself contradictions, and, once the case has become more complicated, it will be converted to summarily cost time and money spent will be heard more common procedures. A small case to be heard by the ordinary procedure, even if the last of their rights to obtain a guarantee during litigation costs too high. Citizens often knew the relevant legal provisions, the court prohibitive, consider themselves at a disadvantage. State of times after understanding the situation, in order to better address the emerging small claims disputes, China’s2012re-edit the "Civil Law " on the small claims procedure to do some simple rules, but, as for the construction of the system, China is still without a more mature sound system. Therefore, on this basis, this paper through the concept of small claims procedure, the legal basis, foreign classic case of the current situation and the necessity of facing China, and the small claims procedure for constructing a sound made certain recommendations.I hope through this study can establish and perfect for our small claims procedure, to provide some help.
Keywords/Search Tags:Small Claims Procedure, legal basis, summary, judicial efficiency
PDF Full Text Request
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