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A Study On The Construction Of Small Lawsuit System In China

Posted on:2014-10-17Degree:MasterType:Thesis
Country:ChinaCandidate:R WangFull Text:PDF
GTID:2176330434470507Subject:Law
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Judicial reform in this article is the current world and China’s new round of reform against the background of civil proceedings, investigation outside reference to the rule of law developed from advanced research on the rule of law, China’s realities, building out their own features, suitable to their own circumstances of small claims procedures in terms of discourse.In the process of amending the civil procedure code, for the practice and theory of the above requirements, additional small programs, which specifically address the litigation in various provinces, autonomous regions and municipalities directly under the annual average wage of employed30%on the following simple civil cases.This marks the formalization of small claims system in China. Actively constructing the small claims procedure that is not denied to other non-litigious dispute-resolution mechanisms, but in addition to the existing normal procedure and summary procedure, construction of a new lawsuit system in order to achieve rational allocation and use of judicial resources, social resources, resolve disputes quickly.This paper describes the basic connotation, value pursuit of small programs, as well as program characteristics and analysis of current domestic and international legal provisions relating to small programs, followed by a comprehensive and in-depth discussion on the present situation of Chinese wooden small programs, and establishing small claims system in China the program put forward their own ideas and suggestions. This paper consists of five main parts:The first part introduces the legislative background for small programs, and minor procedures and characteristics,legal basis and value of mall systems,and provide guidance to establishment of small process in china.The second part introduces the world experience of other countries and regions to set up small claims litigation system and characteristics of small-sum lawsuit system in these countries. And summary and conclusion are provided for constructing small-sum lawsuit system in China.The third part introduces normal procedure and fast program to outline the necessity of establishment of small claims procedures in China was discussed.The fourth part to describes my points and summary of the small proceedings, which in my opinion, small claims established on the basis of the principles and specific operation on the construction of small claims in China given the author’s own views.
Keywords/Search Tags:small claims, summary procedure, litigation cost
PDF Full Text Request
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