캐나다 브리티시 컬럼비아 주소액사건심판제도에 관한 연구
A study on the British Columbia Small ClaimsProcedure in Canada
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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.
참고문헌 (46)
- 김홍엽, "민사소송법(제4판)" (2013), 도서출판 박영사
- 함영주, "분쟁해결방법론" (2010), 진원사
- 김도훈, "少額訴訟節次의 改善에 관한 小考", 외법논집, (32), pp.333~359 (2008), 법학연구소
- 김도훈, "전자소송시대의 법원의 역할에 관한 소고 - 전자소송제도의 도입에 즈음하여 -", 중앙법학, 12(3), pp.205~230 (2010), 중앙법학회
- 김상영, "韓國의 少額事件審判制度", 민사소송, 15(2), pp.417~451 (2011), 한국민사소송법학회
- 김상영, "화해권고결정제도", 고시연구 (2002), 고시연구사
- 김성태, "소액사건심판법에 있어서 이행권고결정제도에 관한 연구", 법학논총, 29, pp.159~184 (2013), 법학연구소
- "사법연감" (2013), 법원행정처
- "조정실무" (2002), 법원행정처
- Adams, Peter, "Evaluation of the Small Claims Program", Ministry of Attorney General, ~ (1992)
- Evaluation of the Nova Scotia Small Claims Court – Final Report, "Marc W. Patry", the Nova Scotia Law Reform Commission, ~ (2009)
- Ramsay, Iain, "Rethinking Civil Justice: Research Studies for the Civil Justice Review" (1996), Ontario Law Reform Commission
- Roderick A. Macdonald, "Access to justice for a new century: the way forward" (2004), Law Society of Upper Canada
- Canadian Forum on Civil Justice, "BC Small Claims Court Reforms", ~
- Canadian Forum on Civil Justice, "BC Small Claims Court Settlement Conference", ~
- "Canadian Forum on Civil Justice", BC Small Claims Court Mediation Program, ~
- Glenn Gallins, , The Settlement Conference, The Law Centre
- Ministry of Justice Provincial Court of British Columbia, "Small Claims Court Getting Ready for Court", ~
- Ministry of Justice Provincial Court of British Columbia, "Small Claims Court Mediation Program for Claims Up to $10,000", ~
- Ministry of Justice Provincial Court of British Columbia, "Small Claims Court Mediation for Claims Between $10,000 and $25,000", ~
- "Small Claims Act", RSBC, 430~ (1996)
- "Small Claims Rules", BC Reg, 261~ (1993)
- "Small Claims Court Monetary Limit Regulation", BC Reg, 179~ (2005)
- "Authorized Signature Regulation", BC Reg, 57~ (1991)