小额速裁程序的试点过程中出现了受理案件类型单一、调撤率过高和当事人对小额诉讼程序选择的积极性不高等问题,而最近修改的《民事诉讼法》并没有在总结各地试点经验的基础上科学、合理地设计小额诉讼程序,反而绝对化地规定对小额案件实行一审终审。这一制度设计有违当事人权利保障的充分性、平等性,且程序的正当性基础不牢。借鉴域外的经验并考虑我国的实际情况,小额诉讼案件实行简易的二审终审制并辅以假执行程序之制度设计不失为一种合理的改进对策。 During the pilot process of the small discretionary speed arbitration proceedings, there was a problem of accepting cases of a single type, high rate of withdrawing and withdrawing parties, and the enthusiasm of parties involved in the selection of small-value proceedings was not high. However, the recently revised Civil Procedure Law did not summarize the pilot On the basis of experience, the small-scale litigation procedure is designed scientifically and rationally, and instead, it is absolutely necessary to impose a final order on the first instance of small-sum cases. The design of this system violates the sufficiency and equality of the protection of the rights of the parties and the legal basis of the procedure is not strong. Drawing on the experience outside the region and considering the actual situation in our country, it is a reasonable improvement measure to introduce a simple second instance trial and final adjudication system supplemented by the system of fake execution in the case of small-value litigation.