论小额诉讼程序基本理念及制度建构

小额诉讼的基本理念除了诉讼效率之外,其更加关注对当事人的程序保障和程序利益的保护,根本的目的在于正义的实现。我国小额诉讼程序的建构应当借鉴各国的立法经验,注重对当事人的程序保护,不应当为了程序之简便而忽视正义之保障。在此基础之上,在机构设置、程序进行、能否上诉等方面做出合理的构建。

On the Basic Ideal and Construction of Procedure of Small Claim

Except for procedural efficiency, small claims' basic ideal is more concerned with the protection of parties and procedural interests. The ultimate aim of small claim is to achieve justice. In China, we should refer to other countries' legislation in order to construct small claims, and protect parties. It is not ture that the safeguard of justice is ignored because of the convenience of procedure. On the basis, we should do some reasonable measure in department, process and appeal.