Research On The Traditional And Diversion Mechanism Of Civil And Commercial Cases In Grass-Roots Courts

The reform of the complicated and diversion mechanism of civil and commercial cases is an important judicial reform measure for the people's courts in the judicial reform to improve the trial efficiency of civil and commercial cases,to resolve the contradiction of "multiple cases and fewer people" and to meet the judicial needs of the people.In 2016,the Supreme People's Court issued the "Several Opinions of the Supreme People's Court on Further Promoting the Simplification and Diversion of Cases to Optimize the Allocation of Judicial Resources." Local courts began to explore the reform of the diversification mechanism of civil and commercial cases.The basic people's courts have highlighted the contradiction between people and people,and explored the simplification and diversion of civil and commercial cases.By optimizing the allocation of judicial resources,we explored an efficient case-handling mechanism and,under the premise of ensuring the legality of the proceedings,realizing the short-term review of civil and commercial cases.The goal of "comprehensive and complicated trials" is to improve the efficiency of judicial trials and meet the judicial needs of the people.The simplification and diversion of civil and commercial cases in the people's courts at the grassroots level has already shown certain results in judicial practice,but it also shows many problems.For example,the pre-suit diversion mechanism is imperfect,the distribution ratio is small,and the standard setting of the complex case is unreasonable.The case is inaccurate;after the case is diverted,the simple case is not effectively simplified in the trial procedure and the writing of the judgment document,which in turn affects the “quick review” of simple cases and the “exquisite examination” of complex cases.The simplification and diversion mechanism of the case involves the various trial stages throughout the litigation stage.The article takes the grassroots people's court as the perspective and conducts in-depth research on the simplification and diversion mechanism of civil and commercial cases through five parts,aiming at the current diversion of civil and commercial cases in the basic people's courts.The problems existing in the operation of the mechanism are put forward,and the suggestions for the improvement of the simplification and diversion mechanism of the case are improved in stages,the pre-suit mediation mechanism is optimized,and the diversion is expanded.The scientific and efficient case simplification standards are set in the v.,simplifying the cumbersome trial activities and Judgment documents and other litigation procedures to achieve speedy cases.It is expected to put forward practical suggestions for the reform of the simplification and diversion mechanism of civil and commercial cases in the grassroots people's courts,promote the further improvement of trial efficiency,and alleviate the contradiction between people and cases.