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The Former Road Of Small Claim Procedure In China

Posted on:2013-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:L JinFull Text:PDF
GTID:2246330374981545Subject:Law
Abstract/Summary:PDF Full Text Request
After the Second World War, with the development of economy and society and the increasing of the types and quantities of civil disputes, many countries take action one by another to reform their civil procedures.The small claim procedure emerges precisely against this background.Our existing system design is difficult to meet the need to solve small disputes,so small claim procedure in our country need to set up,and the modification of the Civil Procedure Law intends to include it.To the trial Reform in China, the simplification and justification should be two mutual and inclusive goals.From the program value,the small claims procedure is not only to improve trial efficiency,but also to achieve coordination of fairness and efficiency of the proceedings.From the set-up of the procedure,the small claim procedure involves a series changes from the remodeling of concepts to the update of rules.In addition to the introduction and conclusion,this thesis is divided into six parts.The first part focuses on the introduction of the pilot program on the small claim procedure in China from case ranges, characteristics,and problems in it.The second part analyzes the general theory of small claim procedures such as the concepts,features,functions.The third part makes a survey on small claim litigation procedure in other relevant countries or regions such as the United States, Britain, Germany, Japan and Taiwan,from the background, rules,and the effects.The fourth part outlines the views of whether it is necessary to establish small claim procedure in China,and comment on our existing summary procedure,supervision procedure,arbitration system,indicating the need for China to set up small claim procedure.The fifth part analyzes reform coordinate of the establishment of small claim procedure in China from three aspects.The first aspect is the necessity to deal with a few contradictions.The second one is the remodeling of concepts.The third one is the impact on the existing system. The sixth part discusses how to set up small claim procedure in China from the legislative mode,jurisdictional rules,the scope of the case,entry rules,the rules of pre-trial procedures,the operation of the trial program,the simplification of the procedure, and the relief program.
Keywords/Search Tags:Small claim procedure, Economic analysis, Due process, Proceduralsafeguards, Litigation Agreement
PDF Full Text Request
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