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为降低诉讼成本、提高诉讼效率,实现司法的大众化,许多国家和地区修改或设立了小额诉讼程序,而我国在此方面长期存在制度空白,无法适应小额纠纷日益增长的社会现实。本文以改善这一现状为目的,首先以我国现行的简易程序为参照、以民事诉讼正当程序保障为法理支持,论证了小额诉讼程序构建的基础,再结合国外有关规定,从制度层面为小额诉讼程序的构建提出了具体的建议。
In order to reduce the cost of lawsuits, improve the efficiency of lawsuits and popularize the judiciary, many countries and regions have amended or set up the procedure of petty litigation. However, our country has a long-standing system in this area that is unable to adapt to the growing social reality of small disputes. In order to improve this status quo for the purpose of this article, first of all, the current summary procedure in our country as a reference to legal proceedings for the protection of due process of civil litigation, demonstrate the foundation of the construction of small claims proceedings, combined with relevant foreign regulations, from the system level to small The establishment of the amount of proceedings made specific recommendations.