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On The Perfecting Small Claims Procedure In China

Posted on:2014-11-25Degree:MasterType:Thesis
Country:ChinaCandidate:J H KuangFull Text:PDF
GTID:2256330425473763Subject:Law
Abstract/Summary:PDF Full Text Request
On August31,2012, new changes of "civil procedure law" regulate the Small Claims Procedure. As the attempt of the reform of civil judicature in our country, Small Claims procedure is a simple, fast and efficient dispute resolution procedures. In the very great degree, It relieves the shortage of judicial resources and increasingly pressure, and also, It Meet the parties to disputes quickly and effectively solve the reality request. From the situation of our judicial practice, the small claims procedures made remarkable achievements, and also won high praise.However, relative to the normal procedure, low cost and high efficiency of Small Claims Procedure make it not very well in the aspect of procedure guarantee. There are a lot of problems worth exploring to build and perfect Small Claims Procedure. With the deepening of the reform of civil trial system, We must clear the value of the Small Claims Procedure, analysis The pros and cons and possible risks of institutional barriers comprehensive and objective. At the same time, the United States, Britain, as example under the different legal systems, Provide the microfinance program in our country practice identifying and reference to reference. So we must learn from foreign experience in good, Thus, for our country’s small Claims procedure design reflect efficiency and fair unified rules and simple and flexible program. At the same time, we must Speed up the establishment and the consummation of relevant form a complete set of application system for the Small Claims Procedure.
Keywords/Search Tags:Small claims procedure, efficiency, Procedural justice, Judicial discretionary power
PDF Full Text Request
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