Research On The Complex And Simple Diversion System Of Civil Second Instance Cases

With the proliferation of civil cases,the second instance procedure is also plunged into insufficient manpower.Increasingly tight judicial resources for second instance are unable to cope with the rapid growth and huge number of second-instance cases.Therefore,it is necessary to streamline the second-trial case to achieve "simplified and quick trial of difficult cases and fine trial of difficult cases".However,the legislation of the second instance procedure in China's national complaint only stipulates “no trial in court” to realize the complex and the simple separation of the second instance cases,and the relevant regulations are very vague and non-operational.In order to cope with the heavy trial pressure,the second-instance courts in various places have produced a lot of anomalous practices to simplify procedures and improve efficiency.These anomalous practices have a negative impact on judicial justice.In this context,this article first sorts out and discusses the related concepts and legal principles of the complex and the simple separation system of second instance cases.Secondly,the source of legitimacy of the complex and the simple separation system in the second instance is analyzed from the perspective of practical needs,practical and Guidance from the Supreme Court support.Thirdly,the problems and reasons of the complex and the simple separation and divergent second-trial cases are analyzed in judicial practice,then discussing the extreme and subjective application of non-trial trials in court,the appearance of trials in court,informal trials,false trials,the chaos of non-trial trials,and the low efficiency of litigation.Finally,Second instance cases complicated and simple diversion system is proposed,which establishes a standard for the second-trial case streamlining based on an appeal request,a “shine chamber composition collegiate decision + party dissent” streamlining process,and a ordinary second-trial procedure,the simplified trial hearing procedure,the investigation and inquiry expedited procedure,and the written trial procedure are provided as multiple procedures of the second instance to fill the gaps in legislation and respond to the needs of justice.