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Talk About The Application And Perfection Of Small Civil Procedure In China

Posted on:2018-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:H Y WangFull Text:PDF
GTID:2346330518479447Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The rapid development of social and economic development at the judicial level is the result of an increasing number of cases,the complexity of the types of cases and other issues,coupled with limited judicial resources in China,the court a large number of cases can not be resolved in a timely manner.In order to alleviate the judicial pressure of our country,the formal laws and regulations of the People's Republic of China have been established in 2012.This is of great significance in the civil procedure of our country.The post-judicial interpretation will carry out the conventional problems encountered in the practice guide.With the fact that the small litigation procedure has entered the judicial application in the whole country in recent years,we need to study and analyze the current situation of the judicial application of the procedure,give feedback and summarize its achievements and carry out the problems Analysis and reasons.Based on the author's basic theory of small litigation procedure,this paper explains its concept,characteristics and value base,and compares it with other civil litigation procedure to provide theoretical basis for the analysis of the present situation of judicial application of small litigation procedure.On the Basis of Perfecting Small Lawsuit System.Secondly,it introduces the common points in the judicial application of small-scale extrajudicial proceedings,and selects the more distinctive and effective measures in the process of judicial application in the United States,Britain,Germany,Japan and Taiwan.On the Improvement of the Proceeding Procedure System.Thirdly,the author analyzes the present situation of the judicial application of the small litigation procedure in the Ordos city,and summarizes the achievements and problems in the process of judicial application.At the same time,in order to reduce the error and ensure the data Reliability,the author as much as possible to collect the data within the country,to support the conclusions of the analysis,and its application process to explore the causes of various aspects of China's small procedures for the improvement of the system to provide a practical basis.According to the introduction of the preceding article,the author puts forward the measures to perfect the small procedural system from the aspects of perfecting the legislative provisions and regulating the judicial application.In the aspect of perfecting the legislative provisions,the author puts forward the legal independence status,stipulates the compulsory scope of application and the scope of application,Way,limit the legal enterprise and so on,in the normative application of justice to enhance the sense of court service,standardize the program conversion,give full play to comparative advantages,the establishment of special management model.
Keywords/Search Tags:Small litigation procedure, Judicial application, Situation Analysis, System improvement
PDF Full Text Request
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