Research On The Diversion System Of Pre-trial Procedure In Civil Litigation In China

The pre-trial procedure of civil litigation refers to complying with China's current civil litigation system.Before the civil case enters the trial procedure,the people's court uses the diversion mechanism to divert the case and reduce the number of cases entering the trial process,thereby alleviating the people's court case.The pressure of trials reduces the burden of judges' trials,rationally allocates judicial resources,and ensures the efficiency of case resolution.The establishment of the registration system and the establishment and implementation of the legal officer system have prompted many civil cases to enter the court system,making the conflict of “multiple cases less” increasingly intensified.The limited resources of judicial resources,especially court personnel,have increased the pressure on litigation and increased the burden of judicial trials.In order to solve this problem,the simplification and diversion has become the focus of judicial reform.The pre-trial procedure system of civil cases and the construction of pre-trial diversion mechanism have attracted great attention in legislation and judicial practice.The pre-trial procedure diversion of civil litigation is in line with the background and value of current judicial reform.At present,there is a lack of systematic legal norms and implementation mechanisms for the pre-trial procedure diversion of civil litigation in China.The pre-trial procedure diversion staffing is seriously inadequate,and the diversion mechanism is operationally formalized and cannot meet the requirements of judicial reform.Combined with the legal basis and current situation of China's civil litigation system,China's current civil litigation pre-trial procedures are still focused on the use of pre-trial mediation,and are not standardized and systematic.Only by perfecting the pre-trial mediation,introducing the pre-litigation arbitration and the Internet court,can the scientific pre-trial diversion of civil cases be effective in alleviating the real dilemma of China's "multiple cases and fewer people",so that the pre-trial procedures can be better diverted.effect.