The Study On Judicial Compulsory Demolition System In China

The small claims procedure was established by the Civil Procedural Law which was revisedon August31，2012，which was established one-tiered trial system in the rule162.. However, thelegislation is too simple, only a law, for the small scope of the proceedings shall not clear, nor theappropriate procedural rules, for the parties to have a direct interest in the rights of remediesrequirement is not mentioned. Because of this, in practice, the Small Claims Procedure operabilityis not strong. The current practice, through the various provinces, autonomous regions andmunicipalities directly under the Supreme People’s Court issued guidance to regulate. By theauthor of Small Claims Procedure Legislation birth defects, in judicial practice possible problems,as well as in small claims court practice to analyze the problems and put forward their views to therelevant period in the future microfinance proceedings, legislative or judicial interpretation to beperfect. This paper is divided into three parts.In the first part the author first to China Small Claims Procedure to analyze the situation, toarrive at the concept of the program? Secondly, China’s existing Small Claims Procedure appliesboth to analyze the situation, come to its features. In addition, the small claims procedure for thepresence in our country basis for analysis, the small claims procedures and improve theimplementation of basic necessity.In the second part, the author focuses on the small claims procedure to analyze the problems,analyze their legislation existing birth defects. Secondly, the author of the procedure works in thecourts in the actual process of generating a detailed analysis of the problems. In addition, thecombination of judicial practice of Small Claims Procedure analyzes a number of issues, and alsoto prevent the absence of protection of rights of the parties. Finally, I avoided talking about smallclaims trial proceedings turned into petition cases involving litigation importance.The third part of this article, combined with the work of the Court Small Claims Procedurepractical experience, for the above mentioned small claims procedure applies to the problemsarising during the analysis, corrective solutions, combined with foreign legislative practice againwhile the right to relief mechanism and other details were discussed and refined.