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On The Construction Of The Small Claims Procedure

Posted on:2009-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:S GaoFull Text:PDF
GTID:2206360272483987Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
The establishment of the small claims procedure is one of the hot topics of the judicial reform in our country in recent years.There have had a lot of theses and writings about this aspect.When introducing a new system or a procedure,besides the introduction and translation of the relevant works we should pay more attention to the localizable problem that is important to carry out the procedure effectively.In the author's opinion,the theses about the feasibility of establishing the small claims procedure in our country are not enough,so the author would like to state the conclusion of her study.There are four chapters in the text:In the first chapter the author analyzes the basic theories of the small claims procedure.In this part,the author first states the conception and characteristics of small claims procedure.Then the author compares the small claims procedure with simple procedure in order to confute the viewpoint that the small claims procedure is just a branch of the simple procedure.The conclusion is that the small claims procedure is independent of the simple procedure so it has the unique function significance.In the second chapter,the author introduces the small claims procedure of several counties.There are two parts in this chapter.In the first part,in order to illustrate that if we can set up small claims procedure in our country,the author explains the established background of this procedure and the related legislation condition.In the second part,the author points out the achievement and the problem of this procedure and emphasizes the unique value of it.In the third chapter,the author analyzes the feasibility of establishing the small claims procedure in our country.Firstly the author points out the significance and effect of this procedure.Then,in order to show the real basis of establishing this procedure in our country,the author analyzes our country's economy,history,culture,state policy and judicial system.At last,the author analyzes the small claims procedure under the civil procedure system and compares it with the general procedure and the summary procedure.Then on the ground of these,the author concludes that the small claims procedure is feasible in China.At the last chapter of the text,the author analyzes how to design the small claims procedure in our county.It explains the condition of litigious,the design reason of the court hearing regulation and the establishment of relevant system and shows the concept of the small claims procedure in our country.
Keywords/Search Tags:procedure justice, the small claims procedure, the system of civil procedure, trial rules
PDF Full Text Request
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