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Rethinking And Perfecting The Specific System Of China's Small-scale Litigation Procedures

Posted on:2017-12-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2356330518492606Subject:Law
Abstract/Summary:PDF Full Text Request
On January 1,2013,the small claims procedure was stipulated in the implementation of the new revision of the civil procedure law of our country in article 162,in which the first trial of the simple civil lawsuit,whose bid is below the 30%of the average salary of employees in every province,autonomous region and direct-controlled municipality,is final.It is a great breakthrough on the civil procedure law.Meanwhile,it means the formal establishment of the small claims procedure in our country.And it plays an extremely important role in improving the efficiency of trials,reducing the financial burden,and resolving small claims disputes timely.Since then,a series of detailed provisions on small claims procedure has been made in some Issues on the Application of the Law of Civil Procedure of the People's Republic of China,but they are not completed enough and much content still can not satisfy the needs of the implementation of small claims procedure.Therefore,this essay re-examines the basic theory from the aspects of concept,features and functions of the small claims procedure.This essay also analyzes the potential problems in the small claims procedure while being carried out.Meanwhile,this paper tries to take into consideration the applicability,initiator program,the trial,remedy system and executive system of the small claims procedure,according to the comparison of small claims in the United States,South Korea and Taiwan,put forward some improved and available opinions.The paper is divided into four parts:The first part is the overview of small civil litigation procedure.It mainly expounds the definition,features and functions of small claims procedure and analyzes the legal basis of the lawsuit procedure,comparing it with the ordinary civil procedure,the simple procedure and the other dispute resolutions.So the paper lays a foundation for the following parts.The second part is about the legislative investigation of the Small Claims Procedure in foreign jurisdictions.According to the comparison of small claims in the United States,South Korea and Taiwan,the essay provides a theoretical basis for improving the small claims procedure in China.The third part is the interpretation of the rules and positive analysis.It mainly deals with the legislative background of small claims procedure in China,and then the part analyzes the problems in operation.The fourth part is the suggestions of carrying out the small claims procedure in China,mainly by improving the applicability,initiator program,the trial,remedy system and executive system.
Keywords/Search Tags:Small Claims Procedure, Litigant Efficiency, Procedural Safeguard
PDF Full Text Request
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