接近司法视野下的小额诉讼

Mini-lawsuit System from the Perspective of Approach Justice

法的价值取向是指当法律制度设计在面临价值冲突时如何抉择。司法效率与司法便民一直被视为我国小额诉讼制度的重要价值,然而,当这两个价值存在冲突时如何取舍,我国学术界一直含糊其辞,立法上则明确选择了前者。从理论背景考察小额诉讼制度,它是诉权保障理念下的接近司法运动的一项重要产物。作为小额诉讼的三个代表性国家,美国、英国与日本在具体制度设计上也都体现出了保障诉权,接近司法的价值取向。为顺应时代潮流和尊重制度本来宗旨,我国小额诉讼制度应该对其价值选择作出调整。

The value orientation of law is how to choose when legal system design faces the conflict of value. Judicial effi- ciency and judicial convenience have been regarded as the important value of mini-lawsuit system in China. However, there isn＇t any clear answer to how to choose in face of the conflict between judicial efficiency and judicial convenience in academic circles in China. Legislation has definitely given priority to the former, i.e. judicial efficiency. Reviewing the mini-lawsuit system in theoretical background, the paper finds that it is an important product of approach justice under the idea of guarantee of right of lawsuit. Three countries representative of mini-lawsuit system such as America, Britain and Japan, have embodied the value orientation of guarantee of fight of lawsuit and approach justice in system design. China should adjust the value orientation of mini-lawsuit system to conform to the times and respect its original purpose.