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On The System Of Small Claims Procedure

Posted on:2014-03-23Degree:MasterType:Thesis
Country:ChinaCandidate:Z FanFull Text:PDF
GTID:2296330464450113Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
From the 1991 "Civil Law" was promulgated, to 2007 for the first time to modify, and then in January 20131, granted "Civil Law" was promulgated, based on changes in social and economic development and continuous improvement. Accelerate the transformation of society along with the contradictions become increasingly prominent, most of the disputes in the influx of judicial field, into the Small Claims Procedure Act, so that our civil litigation system more in line with the current trend of the world and meet the actual needs of society. Moment, deeply rooted concept of the rule of law, enhance awareness of the rights of ordinary people, the maintenance of their rights has been greatly improved than before. Small Claims Procedure into law, making the judges to hear the case when the underlying micro-law, there are rules to follow, the judge may in accordance with the express provisions of the law and render a decision, so that people convince degree and enhance the authority of law.In this paper, the use of comparative studies, literature studies and other methods on the basic theory of small claims, the legal basis, the value of the program, and running status for system analysis, the relevant content put forward their views, in order for this system to have a more deep theoretical in-depth Analysis of the practice of running the system more comprehensive grasp. In addition to this introduction and conclusion, consists of four parts, the basic form is as follows:The first part of the main proceedings on the basis of micro-theory are discussed, hoping for a small improvement of the proceedings as well as in the practical application of judicial practice to provide theoretical guidance. In this part, the author focuses on the "Civil Law" provisions of the Small Claims Procedure exposition aims to interpret the provisions of the law, specifically the scope of Small Claims Procedure, the trial-level and other key content.The second part aims to depart from the judicial practice, the new "Civil Law" after the introduction of the use of small claims procedures around the analysis of the status hearing cases, summarize strengths, insufficient analysis, in order to put forward a sound system Small Claims Procedure lay a theoretical basis.The third part, the use of comparative study in the UK, France, South Korea and other countries of Small Claims Procedure relevant legal requirements and practical applications to analyze, summarize their similarities, distinguish their personality in order for our small Litigation System to provide useful reference. The author in this section for each country separately microfinance institution systematically summarized the proceedings, so that the relevant national legal provisions glance.The fourth part, on the Improvement of Small Claims Procedure regime specifically addressed, is the focus of this article content. In the new "Civil Law" introduced before the small claims process has not yet legal provisions in the legislation to the form of regulations, the theoretical analysis and practical procedures for the specific operation of most of the draw to get outside, so if you want to Small Claims Procedure system "name itself", it needs to explore the feasibility. But with the program into law, coping improvement Small Claims Procedure specific measures for Exploration in order to take advantage of such programs in the country hearing cases provide useful lessons.
Keywords/Search Tags:civil litigation, Small Claims Procedure, summary, improve
PDF Full Text Request
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