Research On The Distributary Mechanism Of The Complex Cases And The Simple Cases Before The Civil Trial

At present,China is in a period of rapid development and transformation of society,economy,politics and culture,and various contradictions are constantly being highlighted.At the same time,civil disputes are increasing day by day,litigation cases have risen sharply,and the shortage of cases handled by the court has greatly increased the pressure on the court.The complexity of the civil procedure has made many civil disputes not handled quickly,but has further aggravated the contradictions,making the cost of the claim of the parties greatly improved,and the drawbacks of the civil litigation mechanism are also exposed.Based on this,it is necessary to optimize the civil dispute resolution mechanism and improve the ability of solving civil litigation procedures.In this context,the civil pre-trial streamlined diversion mechanism came into being.Especially in the process of reforming the judicial reform quota system in China,the simplification and diversion of cases will undoubtedly solve the problems and situations in which the current number of cases is too high and various contradictions are prominent,and the case is divided and the case is resolved.Pressure,on the one hand,can improve the efficiency of trials,on the other hand,it can increase the opportunities for exchanges between the parties to the dispute,promote reconciliation,and protect the legitimate rights and interests of the parties.This article is divided into three parts,except for abstracts,introductions,and conclusions,which are about 40,000 words in total.The first part is an overview of the pre-trial pre-and post-distribution mechanism,detailing the concept,connotation,value orientation and function of the pre-trial pre-existing diversion mechanism.The second part is an empirical investigation of the pre-trial pre-and post-distribution mechanism.It mainly examines the status quo and operational effectiveness of the pre-trial pre-existing diversion mechanism,and analyzes the dilemma and causes of the mechanism.The third part is aimed at the reform of the dilemma and causes of the civil pre-trial diversion mechanism in China,starting with the principles to be followed,from perfecting the diversion standard,expanding the scope of the mandatory mediation procedure,substantive pre-trial preparation procedures and building the court.The judges' two-tier evaluation system puts forward some suggestions for perfecting the mechanism of China's civil pre-trial simplification and diversion.