Research On The Triage Mechanism In Civil Cases

In September 2016,the Supreme People's Court issued the "Opinions on Further Advancement of Streamlining and Diversion of Cases" and established the overall goal of advancing the reform of streamlining cases,optimizing the allocation of judicial resources,and simplifying procedures.At the same time,it put forward a number of requirements for the diversion of cases,such as the need to follow the laws of justice,the streamlining and diversion of cases,the advancement and separation of case filing,and the full use of pre-trial conference functions.Based on this background and the current situation of the diversion of civil cases,this paper discusses the diversion mechanism of civil cases.The main content of this article is mainly divided into five major parts:The first part mainly discusses the connotation of the case-shunting mechanism,the theoretical basis,and the relationship with program diversion.This will provide a basic foundation for the establishment of a case-diversion mechanism suitable for China.The second part mainly discusses the problems existing in legislation,judicature,and theoretical research,and thus finds many obstacles in the case-diversion mechanism of our country,and lays the foundation for solving the problems existing in the case-distribution mechanism.The third part focuses on the investigation and analysis of the diversion path of foreign cases,and compares the existing case diversion path and its development status in China.It is thought that it is possible to draw lessons from the experience of pre-trial conferences and courts attached to ADR.To draw on the essence of the diversion path of cases from outside the region,and explore ways to divert cases suitable for China.The fourth part mainly discusses the effective construction of the diversion mechanism of civil cases in China.Through the clarification of the time and objectives of the case diversion mechanism and the chaotic case management situation in judicial practice,the pre-trial case management form is proposed to ensure that cases can be diverted and resolved quickly.Finally,it expands,consolidates,and optimizes pre-trial conferences,and plays a role as a bridge between the each program.Establish the basic framework for the diversion mechanism of our civil cases.The fifth part mainly aims to achieve the goal of how to effectively divert the cases by extending the conditions applicable to both the procedural and summary procedures.Through the optimization of the existing problems,the effect of diversion of cases is achieved.And promote the creative connection between court-attached mediation and people's mediation,the clearness of the pre-trial conference as the deadline for mediation by the court,and the discussion of the court's attached arbitration system.establishing a sound and smooth case diversion mechanism and lay a solid foundation for improving the efficiency of court proceedings.