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On The Perfection Of Small Claims Procedure

Posted on:2016-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2296330461952823Subject:Civil Procedure Law
Abstract/Summary:PDF Full Text Request
Small Claims Procedure is a special Civil Procedure Law of the judicial system,a simple procedure and its comparison to the ordinary procedure, there are many institutional characteristics. Small claims narrowly refers to a variety of small claims court proceedings grassroots courts or specialized microfinance court applied more simple than the average summary of the trial proceedings in the case of very small amounts in the process carried out, as well as by the sum of the various lawsuits arising from the relationship of these activities. Learn the advanced experience of foreign small claims procedure, but also to national circumstances, in 2012 the newly revised "Civil Procedure Law of People’s Republic of China" in the formal establishment of the small claims system. Supreme People’s Court formulated and promulgated the "Supreme People’s Court on the application of <People’s Republic of China Civil Procedure Law" explanation "in accordance with the revised Code of Civil Procedure [Interpretation Act 2015(5) No.]. Application of the law to Small Claims Procedure regulate. Although small claims procedure itself is still flawed to be perfect, but it certainly is the moment to resolve civil disputes of the most successful microfinance system design.In this paper, the Civil Procedure Law and the latest judicial interpretation of the provisions in the new small claims procedure, from the concept and characteristics of small claims procedure, discusses the current issues and small claims system deficiencies that exist in our country, while foreign small relevant laws and regulations to understand the amount of litigation system and explained in reference to extraterritorial legislation on the basis of experience, targeted measures to improve investigate domestic small claims system, this paper includes the following four aspects.Chapter I: small claims system overview. This chapter is divided into two parts:The first part explains the meaning of small claims procedures, including the concept and features of Small Claims Procedure. The second part provides an overview of the legislative background of Small Claims Procedure, including the relevant provisions of the Civil Procedure Law and the latest judicial interpretation.Chapter II: Review of the existing Small Claims Procedure. First of all, points out the general procedure of summary procedure in dealing with minor civil disputes weakness, demonstrates the necessity of establishing the Small Claims Procedure.Then. To our existing small claims procedures to inspect, including exploring its related legislation and the latest judicial interpretation of the provisions, in order to explore its shortcomings.Chapter III: Foreign Investigation Small Claims Procedure. First, the small claims procedure in common law and civil law in major countries were reviewed,clarified their respective specialties. Then, both the similarities and differences between comparative analysis, summarized its Implications for the Improvement of Small Claims Procedure.The fourth chapter: Perfect Small Claims Procedure. This chapter first proposed mediation small claims procedure should adhere to the principle of priority. It’s perfect right to apply to the main start thinking attribution, trial procedures, the inadequacy of the existing Small Claims Procedure was supplemented and corrected.
Keywords/Search Tags:small claim procedure, Litigation efficiency, extraterritorial comparison, the improve of program
PDF Full Text Request
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