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The Study On The Establishment Of Small Claims Procedure

Posted on:2014-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:Q L YuanFull Text:PDF
GTID:2246330395494285Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Since entering the21st century, countries around the world either from the civillaw or common law system are in judicial reform. Civil litigation is an importantarea of judicial reform. Voices from the reform of Chinese civil procedure law havebeen very high, but always on the stage of the scholars′appeal. In2011, the nationalpeople’s Congress decided to revise the civil procedure law comprehensively, Thereform of civil trial procedure began to enter the vision of practitioners and thepublic field. Small claims procedure is a new trial procedure in the reform of civilprocedure. In2012, the adoption of Civil Procedure Law of the People’s Republic ofChina amendments, marks the formal establishment of small claims procedure inour country. Taking the turning point of the establishment of small procedure, thepaper studies the process of the establishment. From the cautious attitude adopted bythe legislators, thinking about the necessity and feasibility of the establishment ofthis program in our country, so as to put forward some reasonable suggestions for theconcrete construction of the procedure. In my opinion, the main value of smallclaims procedure is: On the one hand, perfecting the existing judicial proceedingsand making the trial proceedings more diverse and more reasonable, so as to achievebetter implement judicial relief capabilities. On the other hand, being a convenientway for parties of small claims dispute over protection methods, reducing itsobstacles for "access to justice", improving the level of the rule of law inChina.Around these two values, the paper make recommendations for the concreteconstruction of small claims procedures to compensate for the simple provisions ofChina’s law, so that this procedure can realize the legislative intent, really achieveits functions. In the writing of this paper, I mainly use comparative study andempirical research methods. For comparative research, I studied the specificprovisions and implementation in practice of small claims procedure from thecountries which are relatively sound both in civil law and common law system,so asto provide reference for the set up of this program.For empirical studies, i conducted a survey of trial court of small claims procedures in China, to find out the specificcircumstances in the application, the problems encountered and the population’sattitude to this program, to find the perfect direction for specific application of thisprogram in China.From the concept of small claims procedures,the paper studied the comparativeanalysis between the small claims procedure and the related systems, summarized hecharacteristic of small claims procedures, highlighted that the small claims procedureis an entirely new trial program.After the comparison research and empiricalresearch, the paper sorted out the legal basis, the reality basis, the value orientationand problems which should be prevented in advance of small claims procedure.Thepaper made some suggestions for the concrete constructions of small claimsprocedure, including specific refinement of the scope of the small claims procedure,the constructions of pre-procedure, the details requirements of trial program andthe constructions of matching programs such as relief program and implementationprogram. Through research, I believe that small claims procedure can solve a largepart of disputes if proper applied, which is of great significance for the optimalallocation of resources and to facilitate the parties of the litigation rights,but thisprogram in China is still in the exploration stage, also need to constantly improve onits specific provisions.
Keywords/Search Tags:Small Claims Disputes, Small Claims Procedure, Access to Justice, Perfect theTrial Proceedings
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