论小额速裁程序的优化与完善

201 3年新民诉法推出了小额速裁程序,然而可供司法实践适用的规定匮乏。小额速裁程序实行一审终审,当以司法效率为重,保证底线正义。在司法运行中,小额速裁程序存在着适用条件不完善、启动机制不明确、审理程序不简化及救济程序缺失等问题,应当从严限定小额速裁程序的适用范围,法院享有启动权,简化和优化审判程序,设置判决异议程序,疏导当事人救济诉求,尽快健全与完善小额速裁程序。

Optimization and Improvement on Small Quick Judging Procedure

The new Civil Procedure Law in 2013 introduces a small quick judging procedure, but provisions for application in the judicial practice are missing. Small quick judging procedure executes first instance as final judgement, in which judicial efficiency should be put in the first place with justice as its bottom line. In the judicial operation, small quick judging procedure faces the facts that applicable conditions are not perfect, starting mechanism is not clear, trial procedure is not simplified, and relief procedure is missing. The author thus suggests that the scope of application of small quick judging procedure be strictly limited, courts enjoy starting right, Judicial procedure be simplified and optimized, objection procedure be set, relief appeal be channeled and tranche procedure be improved as soon as possible.