小额诉讼程序的立法反思与制度重构

2012年民事诉讼法修订新增第162条规定小额诉讼程序,此举被普遍认为是小额诉讼程序在我国正式确立的标志。但是,仍有多数法院对小额诉讼案件受理数保留着"零"的纪录。本文从司法实践角度对存在的问题进行立法反思,并提出制度重构的建议。

Legislation Reflect and Institutional Reconstruction of Small Lawsuit Procedure

The new revision of the Civil Procedure Law in 2012 has made article 162 for procedure of a small law-suit, which is widely regarded as a sign of formal establishment of small litigation procedure in China. However,still most courts have kept the record of ＂zero＂ on the number of small lawsuit. This article makes reflection on theproblems existing in the legislation from the perspective of judicial practice, and puts forward suggestions for the in-stitutional reconstruction.