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Small Claims Procedures In The Civil Action

Posted on:2007-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q X XuFull Text:PDF
Abstract/Summary:PDF Full Text Request
Small Claims Proceeding(SCP) is a kind of simplified proceeding which the court used to adjudicate small claim cases according to its own Civil Procedure Law .Firstly growing out of such judicial environment of burdened caseloads and judge shortage in the West World, highly emphasizing reconciliation and efficiency with simple procedure and narrow ambit, SCP alleviates the violent conflict between judge shortage and heavy caseloads .safeguards peoples rights to justice and accelerates social harmony effectively. Although less elegant in designing than normal procedure and preferring efficiency than procedural integrity, SCP promotes the reasonableness of the social justices allocation in the world.At present, facing those similar difficulties as heavy caseloads and judge shortage, all interesting parties expect some simple procedure to resolve their civil disputes. The on running innovation of civil judicial model in not only powerless to these questions but also creating new problems as procedural onerous, costly and inefficiency mediation. Although Simple Proceeding is unduly used to cater for the needs of real world, its functions as simple and convenient are still confined. Some lower courts are beginning to try fast-track or small claims resolving systems under the pressure of heavy caseloads, but their differed practice will hampers the Legal Unification undoubtedly. So, it's stressed to found normal SCP into our Civil Procedure Law according to the rules of treating hard or easy case with different model.In addition to introduce and analyse the definition, characters, origins, backgrounds, merits and disadvantage of SCP, this article gets some common grounds about it's trial bench, applicable ambit, convenient measures, legal agency, judicial remedy, trial, verdict and so on from relevant countries. Upon the above-mentioned, this article put forwards some suggestions on the legislation of SCP in our country.
Keywords/Search Tags:Small Claims Proceeding, small claim cases, Judicial efficiency, Justice of civilians
PDF Full Text Request
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