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The Present Situation And Reflection Of The Small Claims Procedure In China

Posted on:2016-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y J DuFull Text:PDF
Abstract/Summary:PDF Full Text Request
In the modern economic society,law pays more attention to the value ofefficiency and convenience.Small claims procedure is a kind of simple andconvenient procedure system.It is to cater to the characteristics of fast efficiency ofthe modern economic society,to pay attention to efficiency and fairness both, tomeet the needs of ordinary people of his right to appeal to solve people’s growinglegal awareness and legal awareness, and to be resulted in the limited judicialresources and the contradiction between the "litigation explosion".The establishmentof the small claims procedure can alleviate the pressure caused by a large number ofcases which can be called "litigation explosion"of the court.At the same time,it playsan important role on improving the efficiency of the court reducing the waste ofjudicial resources.The author reads and searches a large number of books,journals,newspapers andother literature,using the method of summarizing to discuss the legislativebackground and value of the small claims procedure.Using the method of comparingto analysis the legislation of other countries and regions.Then,I summarize theconstruction of the small claims procedure in China.And finally,it combines with thestatus of the small claims procedure in China to sum up the problems and difficultiesfaced in the judicial practice.And it makes every effort to find specific methods ofimproving our small claims procedure.In this paper, through the analysis of the legislative process and the legislativevalue of the small claims procedure,it clears the necessity and law foundation of thesmall claims procedure.Namely,the small claims procedure can provide equalopportunities for ordinary people to participate in judicial activities,it can realize thebalance between equity and efficiency,it also pursuit the litigation expenseequivalently.At the same time,I consult the mature experience of the small claimsprocedure in foreign countries and regions,such as American and Taiwan area,to sumup the similarities and differences. From the standpoint of the present situation of legislation in our country,I try to find some defects and social dilemmas of theprocedure.Finally,on this basis,I try to provide some conceptions to make furtherdevelopment of the small claims procedure in China.The author studies a large number of relevant literature and data,to evaluate andreflect the small claims procedure in our country.The innovation point of this paperis from the perspective of justice and civil rights,combined with the legal traditionand social culture in our country,to discuss the value,the reasons and the solutions ofthe small claims procedure. Thinking from the legal basis,seeking the way to solvethe problem of judicial practice,and starting from the logic of system design,I try toseek the breakthrough to the practice difficulties of the procedure.
Keywords/Search Tags:Small Claims Procedure, Summary Procedure, Litigant Efficiency
PDF Full Text Request
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