Font Size: a A A

On The Construction Of The Small Claims Procedure

Posted on:2011-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:W J LiFull Text:PDF
GTID:2206360305979190Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Since the 1950s, the world civil jurisdiction system undergoes a vigorous campaign named"Access to Justice". The guiding principle and the aim are to guarantee the citizens'litigation right and to make the judicial services available to the ordinary citizens. As the development of economy and society, our judiciary is facing the same growth of disputes, especially the growth of small disputes. But our traditional civil jurisdiction system can't meet the growing demand for civil procedure; this causes a great deal of small claims disputes drifting away from the court. The author, based on the analysis of the studies of small claims procedures both at home and abroad, expounds the basic concept, features and the process of the legal procedure of small claims; studies the legal principles of the small claims procedure, and introduces the legislation of small claims procedure of other countries. The text analyses the basis of legal theory and reality of small claims procedures.At last, the thesis puts forward suggestion about the establishment of the small claims procedure in our country.The thesis is divided into three parts, including the preface, the text and the conclusion. The preface introduces the social background and the significance to study small claims procedure in our country.The text contains four parts.The first chapter establishes the concept of the legal procedure of small claims, based on the analysis of the studies on the legal procedure of small claims by other scholars. Then it summarizes the general features of small claims procedure by comparing the differences between the legal procedure of small claims and other related systems.The second chapter introduces different content of the small claims procedure of different countries because of the specific circumstances of different countries.The third chapter clarifies the basis of legal theory and reality of small claims procedures. The fourth chapter puts forward suggestion on the structure of small claims procedure as follows:Legislation style; application scope; judicial organ; trail instance; the right of choosing of the parties and so on.
Keywords/Search Tags:small claims disputes, the legal procedure of small claims, civil litigation procedure
PDF Full Text Request
Related items