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从2011年在全国26家法院进行小额速裁试点,到2012年我国正式将小额诉讼制度引入《民事诉讼法》,再到2015年《民事诉讼法》司法解释对此予以专章规范,小额诉讼程序在不断的司法实践与探索和立法改进中得到越来越多的关注。这样一种在立法初衷上既期望能够优化配置司法资源又能够促进司法大众化的诉讼程序创新能否在司法实践中获得更高的适用率与认可度,关键还要看立法者与司法实践者对于小额诉讼中效率与公平价值关系的态度与看法。尽管小额诉讼以高效率作为其区别于普通程序的主要特征,但其仍应以最大限度地保障司法公正为前提。实现公平与效率价值的平衡,不仅是总结小额诉讼程序试点的工作经验,也应作为评判小额诉讼程序设计的标准和未来该诉讼程序立法与司法实践改进与完善的方向。
From 2011, the trial of small speed arbitration was conducted in 26 courts in China. By 2012, China formally introduced the small-value litigation system into the Civil Procedure Law and then to the judicial interpretation of the Civil Procedure Law in 2015, The lawsuit for small claims receives more and more attention in the constant judicial practice and exploration as well as legislative improvement. Whether such a litigation procedure innovation that can both optimize the allocation of judicial resources and promote the judicial popularity can gain higher applicability and recognition in judicial practice depends on the legislation and judicial practitioners’ Attitudes and Opinions about the Relationship between Efficiency and Fair Value in Small Litigation. Although small-sum litigation is characterized by its high efficiency as the main feature of its distinction from the ordinary procedure, it should still be based on the premise of maximizing judicial fairness. Achieving a balance between fairness and efficiency is not only a summary of the work experience of the trial of small-value proceedings, but also a criterion for judging the design of small-scale proceedings and a direction for improvement and improvement of legislation and judicial practice in the litigation process in the future.