小额诉讼一审终审制研究

新民事诉讼法规定,适用小额诉讼程序审理的案件实行一审终审,这一制度的设立将使法官的职权范围进一步扩大,其与裁判结果的公正性之间的矛盾会不断凸显,严苛的再审条件也会阻碍当事人权利救济渠道的畅通,当事人的程序选择权也无法得到保障。借鉴域外小额诉讼救济机制,允许当事人对裁判结果提出异议显得尤为必要。

Research on the One-tiered Trial System for Small Claims

According to the new Civil Procedure Law, the cases that fit small claims should be dealt with the one-tiered trial system. The system enlarges judges＇ power, which will lead to more and more contradictions with fair judgment. The harsh conditions for retrial will also hinder both parties from remedying their rights. Further more, the parties can not get guarantee to enjoy their rights to choose procedures. Therefore, it is necessary for us to refer to foreign relief mechanism for small claims and allow the parties to put forward objections against the judgments.