An Empirical Study On The Standard System Of Court Case Allocation

There are four representative models for the distribution of court cases in China: the division mode of case filing,the division mode of the president judge,the mode of random division,and the division mode of the sway.Each model has its own advantages and disadvantages.At present,the distribution of court cases in the academic community mainly consists of three perspectives: judicial affairs theory,personal case adaptation theory,and four-factor force balance theory.This article has absorbed the advantages of the first two theories.At the same time,it also pointed out that under the present situation of an overwhelming increase in the number of cases,the balance load of cases has overwhelmed the quality of trials,making random divisions a core criterion for case allocation.This is especially true in grassroots courts.Judging from practical experience,grassroots courts are more suitable for the random division model of courts,and higher and lower courts are more suitable for the mode of random division of the president.Although the random division is the standard for division of the court,it is not the only factor that needs to be considered.The design of the divisional system of the court itself requires comprehensive factors such as the type of case,the trial talent resources of the court,the filing division,the business court,the trial management office,etc.to be determined and timely adjusted.At the same time,how the court designed its own case distribution system is transactional power,and the legislative and supreme courts should intervene as little as possible.This article is divided into five parts.The first part is the introduction.In the international environment under which the courts manage reforms,the management reforms faced by our courts are elaborated from the internal and external factors.This leads to the lagging behind in the study of divisional systems in the topics of manycourt management reforms.The second part is to elaborate the current court case distribution system.The history of the development of the divisional system of courts was introduced,including the development of the division system of courts in Western countries and our country.In the third part,the author starts by investigating the division system of the basic courts in the HB city,expounds the methods and standards of the divisions of courts at various levels in the HB district,and makes horizontal comparisons of these divisional methods,and presents a better division model.extend.Courts in the HB region still face reforms in the divisional system.Good experience and practices should be retained and promoted.In the fourth part,the author discusses several existing divisional models in our country: the division of the president,division of the case filing,division of the sway,etc.And discuss the shortcomings of their respective existence.The fifth part is to express the theoretical research results of the domestic division of relevant courts,such as judicial affairs theory,personal case adaptation theory,the four-component force balance theory,etc.,and combine the description of the case assignment system and standards outside the domain to gain inspiration.The author believes that the divisional system and the divisional standards must be compatible with the corresponding courts.There is no fixed standard.However,from the big trend,random division will become the main division standard.