Study On "the Classification Of Complex And Simple" Of The Basic Court

Chinese society is currently in transitional period.Behind the rapid economic development,various social contradictions are complicated andincreasingly prominent.Drectly leading to a large number of unsolved social contradictions flood into the court system in the form of litigation.However,the existing judicial resources are quite limited,especially after the current round of judicial reform,the number of judges with judicial trial qualifications has decreased dropped sharply,which has put heavy pressure on the current judicial work.In view of the prominent contradiction of "more cases with fewer people" in courts all over the country,the Supreme People's Court has repeatedly emphasized the implementation of the simplified distribution system in recent years,in order to better deal with the problems of a large number of cases,sharp contradictions and other issues.This paper is to study the simplification and diversion system of civil and commercial cases in basic courts in this context.This paper mainly includes three parts,which are introduction,body and conclusion.The specific writing contents are as follows:The first chapter mainly introduces the prominent contradiction of "more cases with fewer people" in the current judicial practice,and points out the background of the emergence of the simplified distribution system and its legislative status.The second chapter mainly introduces the concept of the simplification and diversion system,and introduces the four levels of he simplification and diversion system in detail,and summarizes the significance of the simplification and diversion system,which leads to the reason of writing.The third chapter mainly introduces the current situation of judicial practice of the simplification diversion system of basic courts from three aspects: procedural diversion,pretrial diversion and document diversion,and analyzes the existing problems in the implementation process.The fourth chapter mainly introduces the experience and practice of the overseas simplified distribution system,and selects United States,Britain,Germany and Japan in the Anglo-American legal system to compare and analyze the places that our country can use for reference.The fifth chapter puts forward the author's conception from the three aspects of program diversion,pretrial diversion and document diversion to improve the system of streamlining and diversion in China's basic courts.The sixth chapter,the conclusion part re-emphasizes the importance of the simplification and diversion system to the basic court.