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Study On The One-tiered Trial System For Small Claim Action In China

Posted on:2017-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:T ChenFull Text:PDF
GTID:2346330536476134Subject:Law
Abstract/Summary:PDF Full Text Request
To effectively respond to continue to increase in the number of civil cases,litigation is inefficient judicial problems,the legislature in revision pioneered small litigation procedure in civil procedure law.Although the final appeal of the program design of trial can clear the amount as soon as tired,it means the case "throttling" litigation rights by the parties.How to effectively join efficiency and rights,maximum utility value play small lawsuit system,realize the purpose of the legislation,it is necessary to further study.In view of this,this paper points four parts to our country's small lawsuit two-instance to analyze the first instance,wanting to run the system of judicial or legislative benefit.The first part is about an overview of the small lawsuit trial final appeal system in China.From small procedure in this section,the part applies subordination,mandatory,operability,and applies the case typed on a preliminary interpretation of the legislation survey of small action.And the part also further analyzes the legislative value of the small lawsuit trial final to sum up the aspirations of litigation economy.The second part of the small lawsuit two-instance takes questions of trial in our country.Specifically,from the legislative status quo of judicial practice the part pointed out the operation problems and the reasons of small action.In the new "civil procedural law",before the small speed cutting pilot work in the grass-roots court,new after the introduction of the civil procedure law,the judicial practice in a small number of lawsuits,single trial department and replaced by the mediation of the status quo.Small lawsuit practice problems,which show the first-instance of small action in the party's rights,take options and the judicial relief systems of internal defects.The third part is about foreign small lawsuit two-instance legislation briefly.Contra pose to the typical countries like the United States,Britain,Germany and Japan,the main content of the small lawsuit system to concreteness is introduced,based on the summary summarizes the two legal systems on behalf of the state on microfinance litigation legislation the commonness and difference of rationality of final appeal of trial to provide reference for our country small lawsuit.The fourth part is about perfect small lawsuit two-instance of trial in China.The part contents the application of the small lawsuit subject and scope,program options and mediation prepositional procedure of setting the initiator,perfected.From small the first-instance two-instance conditional counterclaims,the part simplified round table type,judgment elements explicitly putting forward program starts running advice.Absent from the referee of simplified specification and judicial documents,the part clearly puts forward such as small litigation related regulation and relief mechanism of the referee.At the same time,based on the value realization of the ultimate goal of small litigation,the part advices from the training of judges and the trial procedure of legal supervision,etc,strengthen the small lawsuit two-instance to support measures of trial.
Keywords/Search Tags:Small litigation procedure, One-final trial, Application Settings, The relief of the first instance
PDF Full Text Request
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