캐나다 브리티시 컬럼비아 주소액사건심판제도에 관한 연구
A study on the British Columbia Small ClaimsProcedure in Canada
김도훈(덕성여자대학교)
31권 1호, 589~614쪽
초록
Since small claim cases form 70% of civil cases on merits and small claim is the most often encountered by the ordinary person, small claims procedure could be an important symbol for the legitimacy of the justice system. Therefore a study on the small claims procedure is without doubt important and necessary. For this, continuous studies on the various advanced legislation cases count. This article reviewed the British Columbia small claims procedure in Canada. British Columbia tried to reform the small claims procedure in 1991, in 2005 and pilot project is in force in Vancouver Robson Square and Richmond provincial court since 2007. British Columbia small claims procedure is efficiently enforced by organizationally uniting with ADR with court. Furthermore, British Columbia tried to reflect characteristics of cases by diversifying procedure following a type of case or an amount of case. That could be one of alternative solutions to improve our system’s problems. Additionally, British Columbia has strengthened disputing party service by offering the well defined basic forms and financial support to progression of procedure and active use of ICT. This is also another point that we must ram constantly when we try to improve our system.
Abstract
Since small claim cases form 70% of civil cases on merits and small claim is the most often encountered by the ordinary person, small claims procedure could be an important symbol for the legitimacy of the justice system. Therefore a study on the small claims procedure is without doubt important and necessary. For this, continuous studies on the various advanced legislation cases count. This article reviewed the British Columbia small claims procedure in Canada. British Columbia tried to reform the small claims procedure in 1991, in 2005 and pilot project is in force in Vancouver Robson Square and Richmond provincial court since 2007. British Columbia small claims procedure is efficiently enforced by organizationally uniting with ADR with court. Furthermore, British Columbia tried to reflect characteristics of cases by diversifying procedure following a type of case or an amount of case. That could be one of alternative solutions to improve our system’s problems. Additionally, British Columbia has strengthened disputing party service by offering the well defined basic forms and financial support to progression of procedure and active use of ICT. This is also another point that we must ram constantly when we try to improve our system.
- 발행기관:
- 법학연구소
- 분류:
- 법학