繁简分流下小额诉讼程序的完善路径
The Improvement of Path of Small Claims Procedures under the Separation of Complexity and Simplicity

为顺应繁简分流的趋势，小额诉讼以其高效便捷的优势应运而生，其不仅拓宽了当事人的救济渠道，也降低了当事人的维权成本。我国的小额诉讼制度于2012年正式纳入民事诉讼立法，将其设定为“繁简分流”重要环节。2021年修改通过的《民事诉讼法》再次将小额诉讼纳入修订范围，但是小额诉讼程序仍然置于简易程序之下，缺乏自身显著特色；同时过于注重效率而忽视公正的价值取向，以及程序救济上的不健全乃至缺失，对当事人的诉讼权利的保障构成巨大威胁，小额诉讼程序的功能定位也逐渐偏离。对此，在本次修法的潮流下，小额诉讼程序的探讨恰逢其时，唯有不断细化相关规定以加强程序保障，提高程序适用以避免程序虚化，明确功能定位以完善诉讼程序，方能发挥其在繁简分流改革中发挥最大效益。
In order to comply with the trend of separating complexity and simplicity, small-scale litigation has emerged with its efficient and convenient advantages. It not only broadens the relief channels for parties, but also reduces the cost of protecting their rights. The small claims system in China was officially incorporated into civil litigation legislation in 2012, making it an important link in the “separation of complexity and simplicity”. The Civil Procedure Law, which was revised and passed in 2021, once again includes small claims in the scope of revision, but the small claims procedure is still under summary procedure and lacks its own distinctive features; At the same time, the excessive emphasis on efficiency while neglecting the value orientation of fairness, as well as the imperfect or even missing procedural remedies, pose a huge threat to the protection of the litigation rights of the parties, and the functional positioning of small claims procedures is gradually deviating. In this regard, under the current trend of amending the law, the exploration of small claims procedures is at the right time. Only by continuously refining relevant regulations to strengthen procedural protection, improving procedural application to avoid procedural falsehood, clarifying functional positioning to improve litigation procedures, can it maximize its effectiveness in the reform of separating complexity and simplicity.