Study On The Complicated And Simple Civil Cases In China

With the development of China's market economy,the number of civil dispute cases has been increasing,and the contradiction between the growing diversified judicial demands of the people and the limited judicial resources has become more and more obvious.For the people's courts that assume the judicial function,how to guarantee the quality of cases to the maximum extent,reflect fairness,justice,rationality and efficiency under the circumstance of increasing number of cases has become an urgent problem to be solved.To further promote the reform of the judicial,effectively relieve the contradictions of "human case much" less,civil cases and simplified shunt mechanism is one of the effective ways to solve the above problem,by establishing a scientific and reasonable case and simplified distribution mechanism,determine the verbosity case,implement "numerous case JingShen,brief case quick review",guarantee judicial justice,judicial efficiency,and give attention to two or morethings to better safeguard the lawful rights and interests of the parties.Through empirical research on the judicial practices of courts around the country,the author finds that there are various problems in the implementation of the complicated and simple diversion mechanism.Many courts only take the complicated and simple diversion mechanism as an internal management measure rather than a complete lawsuit procedure.The author thinks that the complicated and simple diversion mechanism should be regarded as a complete litigation procedure and a corresponding supporting guarantee system.Based on this idea,through the study of related legislation and simplified shunt and the author's practical around the court and simplified shunt,found at present and simplified shunt system existing problems and puts forward relevant views,including perfecting and simplified shunt mechanism needs to be from the two aspects of legislation and court management to discuss how to improve the scientific and standardized and simplified shunt mechanism,thus effectively ease the plight of "less",promote the judicial reform.