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我国《民事诉讼法》及其司法解释对小额诉讼程序的施行缺乏具体的、可操作性的规定。小额诉讼程序适用率低,法官的工作压力大,一审终审制使得当事人的合法权益救济困难。要改变这种现状,充分发挥小额诉讼程序的优越性,应对其进行立法上的完善,包括明确该程序的适用范围、规范审理程序以及完善救济渠道。
China’s “Civil Procedure Law” and its judicial interpretation of the lack of specific procedures for the implementation of small claims, operational requirements. The application rate of the small-scale litigation procedure is low, the work pressure of the judge is heavy, and the first-instance final trial system makes it difficult for the litigant’s legal rights and interests to be relieved. To change this situation and give full play to the superiority of the lawsuit of small claims, we should make legislative improvements to it, including clarifying the scope of application of the procedure, standardizing the procedure of trial and improving the channels of relief.