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Research On The Small Claims Procedure In China

Posted on:2014-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:X T JiFull Text:PDF
GTID:2256330401461690Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the rapidly developing of China’s economy, and continual readjustment ofsocial structure, judicial system is also reformed. With the construction of legal societythe common’s legal knowledge were enriched increasingly and the consciousness of rightwere strengthened. The thought of “subsiding litigations” disappeared in people’s thought.These all cause the number of civil cases increasingly, as a result of finite judicialresources, the massive cases cannot be solved, the pressure which the courts’ burden ismore and more heavily. Our country continuously advocate to form the multiplexinstitutions which solved dispute to alleviate this difficult position, but our countrylawsuit system is designed simplicity, it only has the ordinary procedure and the simpleprocedure. At the same time, the mediations、the arbitration and other non-lawsuit disputesolving measure the has not displayed its function.Therefore our country urgently needsone kind of highly effective lawsuit system to solve this difficult position. The smallclaims procedure has been catering to this demand. The western nation had began toexplore the small claims procedure in the20th century60’s, and has already obtained theachievement. It has important the effection in enhancing lawsuit efficiency and lighteningburden of the court.On August31,2012, the11th session of Standing Committee of the NationalPeople’s Congress28th conference passed the revised "People’s Republic of China Civilprocedure law" the13th chapter of162th stipulation of the revised "Civil procedure law"“provisions the basic-level court and the court it sending out judge the money of whichconforming the law157th first section stipulation simple civil case for various provinces,the autonomous region and municipalities employed person wages annual year30%below implements first trial in final”. From this time, the small claims procedure isestablished in our country, but this stipulation is so simple that has not made the specificstipulation to suitable the question which small claims procedure will meet in the further.This thesis will research our country small claims procedure from four aspects. First,it analyzes “the new thing” from various perspective of the small claims procedure,through the discussion the small claims procedure concept, the characteristic and the function achieves the understanding of the jot legal procedure from macroscopic to themicroscopic. Next, through inspecting other countries and the local small claimsprocedure utilization situation and the characteristic, understanding the small claimsprocedure the merit and the shortcoming improve our country small claims procedure.Once more, through the question elaboration which existed in our country society and theexisted legal system explained the reason and the significance of our country the smallclaims procedure. Finally, although the small claims procedure applied in many countries,how to suit for our country’s social environment also to need further to research.Therefore the last part of the thesis mainly discuss some questions of our country smallclaims procedure, and this part is main elaboration one. It mainly studies specifically ourcountry the small claims procedure through legislation pattern, the document scope, thejurisdiction, the procedure option, examines questions and so on level, tryingorganization, relief way and so on.
Keywords/Search Tags:Small Claims Procedure, Lawsuit Efficiency, Judicial System
PDF Full Text Request
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