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On The Construction Of Small Claims Procedure

Posted on:2014-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y J G OuFull Text:PDF
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At the beginning of twentieth Century, small claims procedure emerged as the times require and got the establishment and development step by step in many countries with the aim of cost reduction and efficiency improvement of the proceedings during the judicial reform. As the small claims disputes are popular and need to be solved but the summary procedure cannot meet the requirement, the attempted and exploratory trial on the small claims has been put into study to find out the solution. In2004the people’s court second five year reform outline (2004-2008) was issued and it clearly mentioned about the speedy trial and the small claims system for the first time. In2011the supreme people’s court implemented the pilot work of the Speedy Trial on Small Claims into90basic-level people’s courts. The revised Civil Procedure Law of the People’s Republic of China set up the small claims system with the final instance structure. As there are only very general description on the small claims procedure in the revised law so that’s why this article would like to work out the construction of small claims procedure system in China through the analysis of the basic principle and the relationship with summary procedure and its value compared with overseas legislative experience.
Keywords/Search Tags:small claims procedure, summary procedure, access to justice, popularization of judicature, protection of rights
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