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On Application Of Small Claims Procedure

Posted on:2017-03-17Degree:MasterType:Thesis
Country:ChinaCandidate:G J DongFull Text:PDF
Abstract/Summary:PDF Full Text Request
Small claims procedure has been fully implemented in our country more than three years, judicial practice has indicated that its application is not satisfactory, one very important point is applicable to small claims procedure too few. Value of Small Claims procedure is simple, fast, efficient and low cost, But it can not change its application in judicial practice, far below the expected real system design. Study of the reasons of Small Claims procedures apply "cold case", Propose recommendations to improve, Can pave the way for the future to better play the advantages of small claims procedure.This paper is divided into four parts, The first part is an overview, Briefly introduces the concept and Legislative purpose. Small cases include two conditions. The target amount of the case is small and the case is Simple. It is included in the summary procedure. Legislative Purpose of Small Claims procedure is To facilitate public access to justice, the rational allocation of judicial resources.The second part describes the application of the procedure. Academia and the judiciary on the application of high expectations, judicial practice shows that it applies in most places is limited, affecting its function.The third part describes the reasons for the low applicable, include three aspects: First, the "target amount" inflexible standard, the second is the limit of "the types of cases," the third is the Concerns of The first instance will be Final Appeal. "Target amount" of stiff conditions that limited compliance with "small" cases and conditions "small" case is not equivalent to "simple" cases, resulting in the case of a limited number of meet the statutory requirements, and some "simple" case because the target amount restrictions can not be applied microcredit program; "Pure payment of money" as a small claims procedure applies prerequisite. However, in practice, many of the target amount smaller case contains non-payment of money factors, so that part of the case ruled out the scope of application; the pursuit of justice Lead to Concerns of The first instance will be Final Appeal, resulting in lower willingness to apply and the parties do not trust and unfamiliar with the program contributed to the concerns of the generation, and Thereby causing pressure on the trial judge’s.The fourth part introduces Perfection Small Claims System, includes four aspects: First, expand the target amount of the standard, Second, broaden the types of cases, the third is to reduce the applicable concerns, and the fourth is increase the body limit. About Small Claims Procedure applicable, have mandatory application, select the appropriate combination of these three legislative mode. Binding mode compared to pure mandatory application mode or simply select the appropriate mode have more advantage. Above the statutory target amount, A certain multiple of the following cases. Interpretation by the court and by consent of the parties, It should be allowed to use This procedure. Types of cases, there are "payment of money", "pay property", "property and non-property rights" three kinds of legislative model, Scope from the narrow to wide. German model can be considered, without too many restrictions. Non-payment of money case should be allowed to make active exploration; and the fourth is Strengthen propaganda and explanation to eliminate the concerns of the parties, the establishment of specialized small court proceedings, with a special judge, reform and improve the examination system and focus on mediation in order to eliminate the worries of judicial officers. The reason for the increase the body limit To avoid further deterioration of the shortage of judicial resources and truly facilitate the general public access to justice. The object is to limit the same period in the same court repeated use of this procedure. Such as property enterprises, Loan companies use rarely and therefore no need to limit. "Professional fake people" although many sue, but there is no necessary to restrict。...
Keywords/Search Tags:Small claims procedure, target amount, Case Type, first instance will be Final Appeal, subject restrictions
PDF Full Text Request
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