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Research On The Small Claims Procedure

Posted on:2015-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:L ZhangFull Text:PDF
GTID:2296330431997070Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
Since reforming and opening up, China’s economic has developed rapidly and social structure has alsochanged, as well as the whole society. In order to meet the demand of the development of the society,judicial reform synchronizing in time. In the grand goal of building a socialist country under the rule oflaw, our country’s legal environment improved, and ordinary people also gradually improved theconsciousness of legal and the consciousness of rights. Our country is transforming from "XiSong" societyto "law" of social. So a difficult problem is the court’s increasing caseloads, serious backlog of cases andthe increasing heavy pressure for judges. In order to solve the lack of judicial resources and thecontradiction between people’s judicial demand, our country has launched the simplified judicial reform ofcivil trial procedure, the small claims procedure become the first selection of the judicial reform because ofits quick and simple qualities. The United States, as the world’s most advanced western countries, began toexplore small claims procedures in the early60’s of the last century. Some other western countries haveparticipated in this process. After long years, this system gradually becomes mature and perfect in thesecountries and plays an important role in improving the speed of hearing and reducing the burden of thecourt. At the same time, it provides the reference for other countries to explore and research the smallclaims procedure.August31,2012through the new "Civil Law" Chapter13, Article162,"the grassroots people’s courtsand the court sent its compliance with the provisions of this Act a simple civil case the first paragraph ofArticle157was on the subject of the provinces, autonomous regions and municipalities the average annualwage employment to30percent of first instance of Final Appeal." This is our first legislation on smallclaims procedure, since China formally established a system of small claims procedure. Since January1,2013it has been implemented for a period of time, compared to foreign legislative system shows theprocedure to be further improved.This article is divided into four parts altogether. First of all, the first part start from the basic theory,introducing the concept of the small claims procedure and made a macro grasp of the system on the whole,and then it analysis the characteristics by concept. In turn, it leads to the function of the small claims procedure. Second, the second part put the vision in abroad and related areas and expound mainly from thetwo aspects which are Anglo-American law system and continental law system. Select the United Statesand Britain in Anglo-American law system, the typical Japanese and Taiwan area in our country in thecontinental law system to elucidate the small claims procedure. Then, summary the similarities anddifferences on the basis of systematic analysis the small claims procedure in the foreign, in order to offerreference and using for our country. The third part introduces the development and present situation of thesmall claims procedure in our country, start from the development environment of the procedure in China,then introduce its legislative development and the status quo of the legislative and judicial status quo toimprove the system. Finally, the fourth part clearly put forward perfect idea of the judicial proceedingssystem for the small claims procedure, mainly from two aspects: legislative and judicial. In consideration ofthe limited knowledge of the author, but still hope that put forward feasible suggestions through mysuperficial understanding on the development of the small claims procedure in our country.
Keywords/Search Tags:small claims procedure, lawsuit efficiency, justice for the people
PDF Full Text Request
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