Research On The Expansion Of The Application Of The System Of Civil Litigation

The expansion and application of the independent system in civil litigation can be divided into two aspects.On the one hand,it refers to the substantial expansion of the scope of application of the independent system;on the other hand,it refers to the infiltration and assimilation of the independent system in the collegiate system.On the one hand,because the current civil procedure legislation in our country is to bind the trial organization and the trial procedure,that is,the independent system corresponds to the summary procedure,and the collegial system corresponds to the ordinary procedure.From the perspective of the legal provisions,the legislators intended to take the collegial system as the main procedure to deal with the first instance cases,while the independent system is only to deal with some simple civil cases,but the judicial system is simple In practice,the application degree of summary procedure is obviously higher than that of ordinary procedure,which leads to a large expansion of the scope of application of summary procedure in the independent system.On the other hand,the internal mechanism of case handling and assessment of the court changes the collective responsibility system in the form of collegial panel members into the real personal responsibility system.The first reason is that the contradiction between the case registration system and the judge post system has been further intensified.In essence,the contradiction between the trial specialization and the popularization of litigation is the contradiction between the case registration system and the judge post system.No matter at home or abroad,it is a very common phenomenon that there are many cases and few cases.The contradiction between the case registration system and the judge post system is even more acute in foreign countries.However,since the implementation of the case registration system and the judge post system,The conflict between the people and the cases that had been hidden for a long time suddenly broke out in China;secondly,because the legislative provisions of the principle of cooperation and the sole assistance were increasingly divorced from the current social reality and the world trend,at the beginning of the founding of the people's Republic of China,the model of the principle of cooperation and the supplementary assistance was actually adopted,but because of the influence of judicial democracy and the laws of the Soviet Union,the model of the principle of cooperation and the sole assistance has been used since then;thirdly,because the case undertaker system has alienated the collegiate system into the form of the reality and the independence Once the cases are divided into people,in the case of lack of responsibility,the collective responsibility is lost,and the collegial system is thus alienated into the unity of form and reality.On the whole,the obvious expansion of the application scope of the system of independent appointment is that the advantages outweigh the disadvantages;the implicit penetration of the system of independent appointment in the collegiate system is that the disadvantagesoutweigh the advantages.For a large number of cases and a small number of people,we can diversify the dispute resolution mechanism and deal with a large number of cases in a simple and complicated way.That is to say,litigation is not the only way to resolve disputes,but the final means to resolve disputes.We need to optimize the allocation of judicial resources and the judge's professional security mechanism to deal with a small number of people.Since there are few people,we need to retain judges to avoid the loss of judges at the grass-roots level.For the expansion of the scope,we can follow the legislative trend The Supreme People's court has issued a pilot implementation plan,which has become the general trend.For the unity of form and reality,the key is to change the case handler system from case division to case division,collective responsibility,differentiated treatment,collegial system,and collective responsibility However,we should also avoid equalitarianism,with clear rewards and punishments.