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小额诉讼程序以合理配置司法资源,贴近普通民众,实现司法大众化为目标,是民事诉讼程序性改革的产物。我国新颁布的民事诉讼法第一次设立了小额诉讼程序,其中确立了小额诉讼的一审终审制,实现了对二审终审程序性挑战,这是利弊共存的制度设定,若无完善合理的救济途径支撑不但无法实现预期的案件分流目标,可能还会招致司法信用风险。本文结合小额诉讼程序的目标,从分流案件和便民司法的角度出发,思考在我国特定的诉讼环境中,整合和利用既有制度资源,另辟蹊径建构我国特色的附带完善救济途径的“调解与速裁”并驾齐驱的小额诉讼模式。
The procedure of small claims is a product of the procedural reform of civil procedure with the objective of rational allocation of judicial resources, close to ordinary people and the realization of judicial popularization. The newly promulgated Civil Procedure Law of the People’s Republic of China set up the first small-scale litigation procedure, of which the first-instance final adjudication system for small-amount litigation was established and the procedural challenge to the final adjudication of the second instance was established. This is a system setting for pros and cons coexistence. Without perfect and reasonable Of the relief channels not only failed to achieve the expected target of diverting the case, may also lead to judicial credit risk. Based on the goal of the mini-litigation process and considering the convenience of judiciary, this article attempts to integrate and utilize the resources of the existing system in the specific litigation environment of our country, Speed cut "keep pace with the small litigation mode.