以小见大:我国小额诉讼立法之透析

A Comprehensive Analysis of Small Claims Litigation

我国民事诉讼法修正案确立的小额诉讼的"二元标准",决定了"对简单的小额案件适用简易程序并一审终审,对非简单的小额案件适用普通程序并两审终审"的"双轨机制"的必然采用。这既对民事诉讼当事人权利平等原则提出了挑战,也大为抑制了设置小额诉讼机制的目标和意义,难以有效解决由于我国第一审程序区分性能薄弱而导致的诉讼拥堵和司法效率低下、品质低劣的状况。因此,我国民事诉讼法应建构与纠纷自身及解纷诉求更具匹配性的司法替代性解纷机制,以真正体现其人性关怀和程序理性。

The establishment of dual criteria on small claims in Amendments to Civil Procedural Law means that ＂the double tracks＂ are adopted：the simple small claims will be tried by the summary procedure with finality and its parties will not be allowed to appeal,whereas the non-simple small claims will be tried by the normal procedure and its parties will be endowed the right of appeal.This differentia treatment challenges the fundamental principle of the equality of parties in civil litigation and restricts significantly the purposes and functions of the small claims mechanism.Furthermore it would be helpless to cope with the national wide serious situation of continuous litigation congestion with low efficiency and poor quality in first instance.Therefore,the Civil Procedure Law should establish alternative judicial processes so as to match various demands of disputes better and the claims of the ordinary litigants,and illustrate its humanistic concern and procedural rationality better.