从消费维权难现象看我国设立小额法庭的必要性

The Necessity of Small Claim Court Based on the Difficulty of Consumer Rights Protection

消费纠纷是随着我国市场经济的发展逐渐产生的一种正常现象,而消费维权难则是由于我国消费维权机制失灵造成的恶性循环。专门的小额诉讼法庭在处理以消费纠纷为代表的小额纠纷案件中具有独特的优势,其高效、便捷的操作流程不仅为诉讼当事人提供了便利、分流了基层法院的负担,也有效地规范了市场秩序,因而十分值得我国司法体系予以借鉴。特别是我国新修订的《民事诉讼法》已经给予了小额诉讼充分的关注,这为我国小额法庭的设立和推广提供了制度依托。

Consumer dispute is a kind of normal phenomenon gradually produced with the develop- ment of market economy in our country, and the difficulty of consumer fights protection is caused by the failure of China＇ s consumer fights protection mechanism. Special petty lawsuit court has a unique advantage in dealing with the small dispute cases represented by consumer disputes. Its high efficien- cy and convenient operation process not only provides the convenience for the litigants, and relieves the courts at the grass-roots level of great burden, but also standardizes the market order effectively, so it is worthful that our country legal system take it for reference. Since the new revision of the civil procedure law in our country has taken the small lawsuit into attention, the establishment of small claim court in our country may find a solid foundation.