Institutional analysis of the function of separating complex cases from simple cases and small claims procedure
The separation of complex cases from simple cases and small claims procedure have the same value goals.The former is mainly guided by efficiency,taking judicial fairness into account,and its core is"simple tri-als for simple cases";the latter is manifested in the form of"speedy trial"and focuses on efficiency.Both are mainly guided by efficiency and have reached a"consensus"on the concept of"simple trials for simple cases".It can be said that small claims procedure has a natural function of separating complex cases from simple cases.The degree of institutional clarity of this functional positioning is like the institutional development process of the separation of complex cases from simple cases and small claims procedure,showing the characteristics of phased changes,and has gone through three processes of"not being clarified","being indirectly clarified"and"being directly clarified".
small claims procedureseparation of complex cases from simple casesfunctional positioning
万方数据
维普
