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On The Small Claims Procedure

Posted on:2006-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:X W LiangFull Text:PDF
GTID:2206360152987749Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of socialist market economy, the high frequency of transaction, the enhancement of people's right consciousness, and the populace growing demand to justice, civil disputes and lawsuits have been increasing rapidly. However, the actual civil procedural law system of our country hasn't gave an active response for it, especially has no suitable procedure to settle the small claims disputes. This causes the lawsuits in the very great degree delay, the cases backlog and makes a great deal of small claims disputes drift away from the law. Under this background, it is full of theoretical and realistic importance to study the small claims procedure which has spread in the West during its civil procedure law reform. The author, on the basis of summarizing and analyzing the research in the world, establishes the concept of small claims litigation , analyzes its features, and makes clear its legal principles , the value and so on .Through analyzing the establishment conditions of the small claims procedure in the West and comparing with our country's social reality, the author draws a conclusion that our country should establish small claims procedure .Finally the author puts forward the suggestion about establishing this procedure in our country based on a comparative study on major patterns in foreign legislation. This thesis is divided into 7 parts. The foreword introduces the social background and the significance to study small claims procedure in our country. The first chapter establishes the concept of small claims litigation firstly, points out small claims procedure is more simpler than summary procedure, which normally used by the inferior courts or the petty courts. Later briefly introduces the process of small claims procedure, and sums up the general features of small claims procedure through comparing with summary procedure: (a) the procedure is more simpler; (b) the application object is specific;(c)mediation is emphasized;(d)non-litigation tedency. The second chapter makes clear small claims procedure basic principles. The superiority of small claims procedure in settling the small claims disputes stems from its profound jurisprudential basis and value. This part expounds the jurisprudential basis from three different viewpoints such as procedural legislation shall guarantee the equality of citizens' procedural rights , balance the procedural guarantee for prudential judgement and the procedural guarantee for simple and quick judgement, and follow the matched cost theory. Later makes its value clear of low cost and high efficiency. Finally, this part expounds how to understand correctly the inferiority of small claims procedure such as difficulty to execut. The third chapter studies small claims procedure in a comparing way. It, firstly, analyzes the background of the western small claims procedure. The western nations establish small claims procedure due to two common social conditions: One is that there are lots of small claims disputes; The other is that the traditional procedure is unsuitable to settle the small claims disputes. Then ,in order to help establish small claims procedure in our country, this part introduces the legislations of American, English, Japanese and Taiwan region involving the application scope ,indicting, court hearing, mediation, judgement, relief and so on. The fourth chapter analyses the necessity of establishing small claims procedure. By comparing with the common conditions in the western countries' institutions, it's quite necessary to establish small claims procedure in our country because of the following facts: (a)There are lots of the small claims disputes; (b) our summary procedure is not suitable to settle the small claims disputes. In addition, it is necessary to establish small claims procedure to regulate judicial practice and to suit to the dual economic structure . The fifth chapter firstly puts forward the suggestion of structure of small claims procedure as follows: (a) the legislation style; (b) the applicable scope; (c)the judicial...
Keywords/Search Tags:Procedure
PDF Full Text Request
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