浅谈小额诉讼制度

A Brief Discussion on Petty lawsuit Procedure

小额诉讼制度作为近年来备受学者关注和重视的焦点,在新修订的《民事诉讼法》正式实施后,这一制度也终于浮出了水面。对于这一全新的制度,理论界在肯定其对诉讼效率和程序效益的积极作用的同时,也提出了这一制度所存在的一系列问题。新民事诉讼法对小额诉讼的规定存在一定问题,应结合各国的立法经验加以完善。

Petty lawsuit procedure is the focus and hot spot received much recognition in recent years. The new version of Civil Procedural Law being issued means that petty lawsuit procedure is finally surfaced. For this new procedure, the theorists affirm its positive role of lawsuit efficiency and procedural returns. But at the same time, they also put forward a series of problems about this system. In this paper, based on the new civil procedure law, in view of the present problems, and combine the legislation experience from other countries, proposing the strategies of perfection of measure.