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Study On The Classification Of Complex And Simple Cases

Posted on:2021-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:X J ShuFull Text:PDF
Abstract/Summary:PDF Full Text Request
With the rapid development of the economy and society,various conflicts of interests have been constantly highlighted,a large number of conflicts and disputes have poured into the court.The court is generally faced with the difficult situation of "Litigation Explosion",and the judicial resources of the court system are very limited,especially after the implementation of the post system of judges,the number of qualified judges has been reduced,and the pressure on post judges to handle cases has been increasing.In order to improve the quality of trials and meet the diverse judicial needs of the masses,the Supreme People's Court has issued a series of documents to guide and standardize the implementation of the mechanism,such as“Some Opinions on Further Promoting the Division of Cases and Optimizing the Allocation of Judicial Resources”,“ Trial Implementation of the Operating Rules for Complicated and Simple Diversion of Civil and Commercial Cases and Speedy Arbitration of Mediation”and“Implementation Measures for the Pilot Reform of Simple and Simple Civil Procedure” to help the local courts to deal with the current increase in the number of cases,the case of sharp contradictions and other issues.The S District Court,where the author is,has also taken the lead in the city-wide reform of the division of complicated and simple civil and commercial cases,but there are still some unsatisfactory aspects in the operational effect.The author has thus triggered thinking,hence the formation of this article,with a view to academic discussions at the same time,can be helpful to their practical work.This article mainly divides into four parts to elaborate,the concrete writing content is as follows:The first part,the introduction.This paper mainly introduces the research background,understanding and application of the separation mechanism of simple and complicated flow,the research survey of the separation mechanism of simple and complicated flow abroad and the research situation of the separation mechanism of simple and complicated flow in our country.In the second part,taking s-district court as an example,the author introduces the operation of the mechanism of complicated and simple diversion of civil and commercial cases in grass-roots courts.Firstly,this paper introduces the operation of the complicated and simple diversion mechanism of s district court,including institution setting,diversion standard,specific flow and so on.Secondly,it expounds the operating effect of the complicated and simple diversion mechanism of s district court,that is,the transferwithdrawal ratio has been increased,the quality of trial has been improved,and good social effect has been achieved.In the third part,the author analyzes the universal problems in the operation of the complicated and simple diversion mechanism.From the identification of complicated cases,mediation before litigation,operation of fast-track mechanism,transformation of procedure,trial procedure and judgment documents,supporting system guarantee,this paper expounds the obstacles encountered in the operation of complicated and simple diversion mechanism and analyzes the reasons.In the fourth part,the author puts forward some suggestions on how to perfect the complicated and simple diversion mechanism of civil and commercial cases.In the division of complicated cases,we should improve the mechanism of screening cases and clearly divide complicated cases;in the division of pre-litigation,we should improve the mechanism of pre-litigation mediation and expand the rate of non-litigation division;in the trial procedure,we should improve the mechanism of fast-track adjudication,it is necessary to improve the efficiency of trial,to transform the procedure strictly,to optimize the procedure of trial and to simplify the document of judgment,and finally to ensure the implementation of the mechanism of division of procedure and simplicity from the management of court.
Keywords/Search Tags:Civil and commercial cases, Classification of complex and simple, Judicial quality and effectiveness
PDF Full Text Request
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