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我国《民事诉讼法》引入小额诉讼程序的必要性不足。通过完善既有的简易程序与督促程序,足以解决大量小额纠纷,并且由于我国司法具有注重调解的特色,小额诉讼程序的作用有限。从国外实践和国内试点的情况看,小额诉讼程序的实施效果不尽理想,其本身也面临难以保障诉讼正义、法官随意性过大、引发滥讼风险等难题。《民事诉讼法》的修改应放弃构建小额诉讼程序而着眼于完善简易程序以及与之相关的督促程序。
The necessity of introducing the lawsuit for small claims in China’s Civil Procedure Law is not sufficient. By improving the existing summary procedures and supervisory procedures, it is enough to solve a large number of small disputes. Because of the emphasis on mediation in our judiciary, the role of the small proceedings is limited. Judging from the practices in foreign countries and domestic pilot projects, the implementation of the small-scale litigation procedure is not very satisfactory. It is also faced with such problems as the difficulty of guaranteeing the justice of the litigation, the excessive arbitrariness of judges and the risk of abuse of litigation. The revision of the Code of Civil Procedure should give up the construction of small claims proceedings with a view to improving the summary procedures and the related supervisory procedures.