速裁理念下小额诉讼发展新方向

New Direction of Small Claims Development under the Concept of Quick Cut

经济社会的迅速发展使得民事案件数量激增,民事速裁、小额诉讼在实践中的广泛运用顺应了社会发展的趋势。然而理论研究的缺失和立法的滞后造成了民事速裁和小额诉讼日渐趋同的现象。为打破制度重复建设的嫌疑,参考国外经验,应当在速裁理念指导下分别完善小额诉讼制度的审前、审理、救济程序规范。

The rapid development of the economy and society has made the number of civil cases increasing, and the widespread use of civil speed and small claims in practice has conformed to the trend of social development. However,the lack of theoretical research and the lagging of legislation have resulted in the increasingly convergence of civil speed and small litigation. In order to break the suspicion of repeated system construction and refer to foreign experience, we should improve the pretrial, trial and relief procedure norms of small claims system under the guidance of the concept of quick cutting.