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A Study On The Perfection Of Small Claims Procedure In China

Posted on:2018-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:R ShaFull Text:PDF
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With the rapid development of economy,transactions are constantly arising among people,which makes disputes continue to increase,many cases into the court,many cases of contradictions are particularly prominent.At the same time,to protect the right of appeal of the world under the background of judicial reform,in order to make the rights of human rights is not small because of litigation costs but not the efficient judicial remedy procedure system,came into being.In our country,it is also faced with the contradiction between the number of cases and the protection of the right of appeal of the minor obligee.In 2012,when amending the civil procedure law,the provisions of the small claims procedure were added to solve the above problems.However,the existing legislative procedure specification is still very weak,can not meet the needs of the judicial practice procedure,we should based on the legislative and judicial interpretation,in-depth understanding of the status of legislation of our country,find out the defects and problems in the legislation.Through the analysis,the author thinks that the small program exists confused with the summary procedure,lack of independence,the lack of procedural choice of the parties,the procedural provisions are not simple,and the remedy procedure is imperfect.At the same time,through summing up to other countries and related areas of small claims system experience and lessons,put forward the suggestions on China’s small claims procedure,including independent small procedures,giving the parties the provisions of the appropriate procedure option,add simple and flexible and convenient small procedures,provide remedies for reconsideration in the first instance the trial level system range.
Keywords/Search Tags:small claims procedure, summary procedure, independence of the procedure, the improvement of procedure
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