论文部分内容阅读
小额诉讼制度在世界许多国家,地区普遍存在。它的目的就是繁简分流,速裁速决。我国的新《民事诉讼法》其中第162条明确规定了小额诉讼制度,这标志着小额诉讼制度在我国正式确立。但是仅用一条法律规定来构建一个制度显然是远远不够的。对小额诉讼案件标的额的限制以及实行一审终审制的规定都有失公平,不符合我国民事审判的实际情况,难以保障当事人的权利,没有做到效率与公正兼顾。本文是对小额诉讼案件标的额的限制以及实行一审终审制的现状分析,以及提出的完善意见。
The system of petty litigation is widespread in many countries and regions in the world. Its purpose is to streamline the flow, speed decision. Article 162 of China’s new “Code of Civil Procedure” clearly stipulates the system of small-sum litigation, which marks the formal establishment of the micro-litigation system in our country. However, it is obviously not enough to construct a system with only one law. The restrictions on the amount of the subject of the petty litigation cases as well as the provisions of the first instance for final adjudication system are unfair and do not conform to the actual conditions of civil trials in our country. It is difficult to protect the rights of the parties involved and neither efficiency nor fairness are taken into account. This article is the limit of the standard amount of the petty lawsuit case, as well as the status quo of the implementation of the first instance system of final adjudication, as well as the suggestions put forward.