论小额诉讼程序的构建

The Theory of Construction of Small- amount Lawsuits Procedure

现行民事诉讼立法已经确立的小额诉讼制度,有利于小额案件当事人实体权利的实现,实现社会的整体公平和正义。但是小额诉讼程序规则的缺位致使小额诉讼程序的适用率偏低。过低的适用率有违小额诉讼制度的设置初衷,进而架空小额诉讼制度。应当从小额诉讼程序的适用范围、程序转换以及审理流程等方面构建小额诉讼程序规则,才能完善我国的小额诉讼制度。

Small- amount lawsuits system has been established in＇the civil litigation legislation,which is beneficial to the realization of the rights of the parties in small - amount lawsuits, and ~e whole-social equality and justice. However, the suitable rate of small -amount procedure is low because of the lack of small claims procedure rules, which goes against the original intention of small - amount lawsuits system. Small - amount lawsuits system can t be perfect, unless the following measures are adopted to improve small -amount procedure, which include the scope of application, the transformation of procedure and the trial process.