构建我国小额诉讼程序的设想（Tentative idea of constructing small claims procedure in China）.docVIP

构建我国小额诉讼程序的设想（Tentative idea of constructing small claims procedure in China） Tentative idea of constructing small claims procedure in China In order to reduce the cost of litigation, improve the efficiency of litigation and realize the popularization of justice, many countries have set up or revised the procedure of small claims. The establishment and perfection of the small claims system has gradually become one of the hot spots of judicial reform in the world. The design of the existing civil litigation system in our country, has been unable to meet the people to solve small lawsuit demand, therefore, learn from foreign experience, construct our country small procedure is undoubtedly a good choice. Keywords small claims; summary procedure; litigation procedure; As the Taiwan scholar Qiu Liangong said, small disputes accounted for the entire social disputes the most, because of a persons life is a rare opportunity for the lawsuit of millions of dollars, but each person every day, how many are likely to encounter their shopping or trading things without defects. If disputes arising from this dispute fail to be properly solved, it is very difficult for the rule of law to take root in a society, because it is difficult for the people to regard the litigation system, judicial adjudication or legal system as part of their lives. No matter how perfect the trial can be to achieve justice, if the price is too expensive to pay, then people can only give up the hope of justice through trial. In addition, complex procedures, running back and forth, long-term confrontation, the parties concerned are mentally tortured. The emergence of small claims procedure shows its unique advantages in eliminating the obstacles to justice, showing concern for the details of justice, balancing the contradiction between efficiency and justice. Through short and without haste, simplified and not arbitrary, cheap and not inferior programming, to promote the settlement of disputes. First, the ex