论小额诉讼程序的难点与对策
发布时间：2018-11-28 17:30
【摘要】：当前，随着社会经济的不断发展，人民的法律意识与自我保护意识不断增强，民事纠纷与日俱增，，一段时期内很多地区出现了“诉讼爆炸”，法院案多人少的矛盾日益凸现。案件的激增，使得法院的审理工作负担沉重，积案居高不下，可能致使公民的权利得不到及时充分的保护，诉讼效率也得不到提高。这其中，有很大一部分案件均是标的较小、争议不大的简易民事纠纷，无论从尊重当事人的诉权考虑，还是从提高司法效率、合理配置司法资源方面出发，有必要借鉴国外经验在我国建立小额诉讼制度，来分流一部分简易的小额民事案件，使诉讼程序更加灵活有针对性，保证零星的事实较为清楚、争议较小的简单民事纠纷能够得到快捷处理。 这一部分简单的民事纠纷主要包括与老百姓日常生活息息相关的小额合同纠纷、金额确定的侵权纠纷等，虽然案情不复杂，但量比较多，需要耗费大量的人力物力与时间才能一一走完程序并合法处理。因此我国小额诉讼程序的适时推出，有力地迎合了现实的需要，但由于修改后的《中华人民共和国民事诉讼法》在“简易程序”一章中仅用一个条文规定了小额诉讼程序，立法上较为简略粗糙，使得这一新程序在司法实践的适用中遇到了不少的疑难问题，这正是本文所要探讨的主题，笔者试用法学理论、比较分析、归纳总结等研究方法，主要从三大部分来分析，第一部分主要是介绍目前小额诉讼程序的适用情况，第二部分主要是写小额诉讼程序在司法实践中遇到的疑点与难点，第三部分主要是提出完善小额诉讼程序运行的对策与建议。
[Abstract]:At present, with the development of social economy, the legal consciousness and self-protection consciousness of the people are constantly strengthened, civil disputes are increasing day by day, "litigation explosion" has appeared in many areas during a period of time, and the contradiction of more and less court cases is increasingly apparent. The surge of cases makes the burden of the court work heavy and the backlog cases high which may cause the citizens' rights not to be fully protected in time and the efficiency of litigation can not be improved. Among them, a large part of the cases are simple civil disputes with relatively small object and little dispute. Whether from the consideration of respecting the litigant's right of action, or from improving judicial efficiency and rationally allocating judicial resources, It is necessary to draw lessons from foreign experience and establish a small amount of litigation system in our country to divert part of the simple small amount of civil cases, so that the litigation procedures are more flexible and targeted, to ensure that scattered facts are relatively clear. Simple civil disputes, which are less controversial, can be dealt with quickly. This part of the simple civil dispute mainly includes small contract disputes closely related to the daily life of the common people, infringement disputes of determining the amount of money, and so on. Although the case is not complicated, the amount is relatively large. It takes a lot of manpower and time to go through the procedure and deal with it legally. Therefore, the timely introduction of the small claims procedure in our country has catered to the actual needs, but since the revised Civil procedure Law of the people's Republic of China has only one provision in the chapter of "Summary procedure", The legislation is relatively rough, which makes this new procedure meet many difficult problems in the application of judicial practice. This is exactly the subject of this paper. The author tries to use the research methods of law theory, comparative analysis, induction and summary, etc. Mainly from three parts to analyze, the first part is mainly to introduce the current application of small claims, the second part is mainly to write small claims in the judicial practice encountered the doubts and difficulties, The third part is to put forward the countermeasures and suggestions to improve the operation of small claims procedure.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
本文编号：2363699
[Abstract]:At present, with the development of social economy, the legal consciousness and self-protection consciousness of the people are constantly strengthened, civil disputes are increasing day by day, "litigation explosion" has appeared in many areas during a period of time, and the contradiction of more and less court cases is increasingly apparent. The surge of cases makes the burden of the court work heavy and the backlog cases high which may cause the citizens' rights not to be fully protected in time and the efficiency of litigation can not be improved. Among them, a large part of the cases are simple civil disputes with relatively small object and little dispute. Whether from the consideration of respecting the litigant's right of action, or from improving judicial efficiency and rationally allocating judicial resources, It is necessary to draw lessons from foreign experience and establish a small amount of litigation system in our country to divert part of the simple small amount of civil cases, so that the litigation procedures are more flexible and targeted, to ensure that scattered facts are relatively clear. Simple civil disputes, which are less controversial, can be dealt with quickly. This part of the simple civil dispute mainly includes small contract disputes closely related to the daily life of the common people, infringement disputes of determining the amount of money, and so on. Although the case is not complicated, the amount is relatively large. It takes a lot of manpower and time to go through the procedure and deal with it legally. Therefore, the timely introduction of the small claims procedure in our country has catered to the actual needs, but since the revised Civil procedure Law of the people's Republic of China has only one provision in the chapter of "Summary procedure", The legislation is relatively rough, which makes this new procedure meet many difficult problems in the application of judicial practice. This is exactly the subject of this paper. The author tries to use the research methods of law theory, comparative analysis, induction and summary, etc. Mainly from three parts to analyze, the first part is mainly to introduce the current application of small claims, the second part is mainly to write small claims in the judicial practice encountered the doubts and difficulties, The third part is to put forward the countermeasures and suggestions to improve the operation of small claims procedure.
【学位授予单位】：上海交通大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
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相关期刊论文 前4条
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