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Research On The Procedural Options Of The Parties In Small Claims

Posted on:2020-09-15Degree:MasterType:Thesis
Country:ChinaCandidate:J DuFull Text:PDF
GTID:2416330590958682Subject:Law
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The choice of civil procedure is a universally recognized civil right in the contemporary world.Its purpose is to improve the public's acceptance and trust in civil litigation,and to promote the efficiency of civil litigation.It is the embodiment of legislation that respects the autonomy of the parties.A manifestation of the procedural interests of the parties.The rapid development of the market economy has led to the emergence of disputes and contradictions among the people.People with increasing legal awareness are more inclined to use the law to solve problems,especially in small lawsuits.This further aggravated the situation of the court “there are many cases and fewer people.”To this end,China's legislation formally established a small-scale litigation system.The quality of the small-scale litigation is closely related to the choice of the parties' procedures.However,compared with other countries or regions,in the judicial interpretation or legislation,China does not clarify the right to choose small-scale litigation procedures,and how to improve judicial efficiency.It also guarantees the perfection of the party's choice of procedures.This is a problem that cannot be ignored and needs to be solved.Therefore,this issue deserves further study.Based on the discussion of the connotation of procedural choice in the academic circle,it defines the main body of exercise,the content of exercise and the way of exercising,and then the basis for the operation of procedural choice from the constitutional principle of guaranteeing human rights,the principle of autonomy in substantive law,and procedures The principle of procedure in the law carries out a comprehensive legal analysis,demonstrating the importance of the right to choose the program and its necessity for the protection of the rights of the parties.The establishment of small-scale litigation systems in countries such as the United Kingdom,the United States,Japan,and South Korea has a long and experienced experience.In the system of small-sumsuit options in these countries,the scope and size of rights of the parties in terms of procedure initiation,procedure conversion,procedural relief,and procedure trials.Analyze and compare the similarities and differences between the civil law system and the common law system in these aspects,in order to learn fromtheir relatively mature practical experience and perfect system regulations in this respect,and apply the small-quantity program option to China according to local conditions.The system is perfect.Under the principle of “first-instance trial”,the small-sum lawsuit deprives the parties of part of the choice in the small-value procedure,and analyzes the background of the principle in light of the development of the social economy and the judiciary;The operational status in practice;from the perspective of legislators,the judiciary,and the litigator,the causes of the current situation of the operation are explored,and the protection of the choice of the party's small-sum lawsuits and the shortcomings of the procedures are found.Combining the above theoretical analysis,comparative analysis and empirical analysis,combined with China's current judicial and legislative environment,establishing the procedural choice right as the basic principle of procedural law,deepening the party's honest credit concept,and clarifying the subjective position of the parties;In the system,improve the parties' choices in the procedures of program initiation,program conversion,etc,and the relief and protection of such procedures after damage;on other supporting measures,clarify the judge's obligation to explain,establish a small lawsuit court,and guarantee the implementation of the small-quantity option.
Keywords/Search Tags:Civil litigation, small clamis, procedural choice, program conversion
PDF Full Text Request
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