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Research On The Small Claims System Under The Background Of The Reform Of The Separation Of Completion And Simple Cases

Posted on:2024-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y N KongFull Text:PDF
GTID:2556307067466974Subject:Law
Abstract/Summary:PDF Full Text Request
In the context of the rapid development of China’s economy and the gradual complexity and diversity of social contradictions,in order to improve the overall efficiency of the people’s court in solving civil disputes,China added a small claims procedure in the law in 2012.However,the follow-up practice did not follow the expected direction of legislation,in order to alleviate the contradiction of "too many cases and too few people",China has carried out the reform of The separation of completion and simple cases in the field of civil litigation since 2020,with the construction of small claims procedures as the core.Under the background of the reform of the separation of completion and simple cases,a new round of amendments to the Civil Procedure Law will be carried out in 2021,following the previous pilot project,then summarizing experience,and then upgrading to the scientific path of national law.However,the emerging institutional criticism in the process of judicial application makes us ponder: whether it is appropriate to construct small claims procedures just to alleviate the "small number of cases",how to achieve substantive justice while pursuing procedural justice,and how to realize the transformation of small claims procedures from "ought to be" to "to be".This paper analyzes the operation status of small claims procedures,which is not only an examination of the procedure itself,but also a reflection on China’s civil judicial system,which has profound theoretical and practical significance.Through the horizontal comparison of domestic and foreign small litigation procedures,the paper explores the necessity and possibility of the small litigation procedures in China from the perspective of comparative law,and combines with the needs of national conditions to extract the concept and function of China’s small claims procedure,and discussed from four aspects: rational allocation of resources,facilitation of parties’ participation in litigation,improvement of judicial efficiency,and protection of equal participation of parties in litigation,so as to construct a theoretical basis for the improvement of small claims procedures.This paper further sorts out a series of explorations of the small claims procedure in China under the background of the reform of the separation of completion and simple cases,conducts a phased review and analysis of its development process,shows the reform results,and uses the method of combining case analysis and data analysis to visually show the problems of the small claims procedure.Such as low overall application rate,single type of cases,uneven regional distribution,centralized methods of adjudication and single means of relief.On the basis of the above-mentioned empirical discussion and theoretical analysis,the parts that cannot be connected between legislation and practice are listed from the aspects of procedural independence and procedural rule design,and a series of solutions to improve procedures are proposed from three aspects: repositioning functions,improving rule design,and improving supporting facilities,so as to build a small claims system with more optimized procedure and more perfect logic.
Keywords/Search Tags:the separation of completion and simple cases, small claims procedure, legislative amendments, procedural remedies
PDF Full Text Request
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