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Research On The Mechanism Of Diversion Of Complicated And Simplified Civil Cases

Posted on:2021-02-23Degree:MasterType:Thesis
Country:ChinaCandidate:J P LiFull Text:PDF
GTID:2436330647957844Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of concept of governing the country by law in China and the enhancement of the legal awareness of the public,litigation has become an important way to solve the disputes of civil rights and obligations.However,this also leads to the continuous increase in the number of civil cases accepted by the courts.It not only makes judgments take longer time to settle lawsuits,and makes it difficult for the parties who resort to justice to get remedy quickly,but also has a negative impact on the quality of the case: in order to reduce the backlog of cases,some judges adopt the method of quick trial and quick conclusion ignoring the quality of the case.To carry out the reform of separating the complex from the simple,it is necessary to divide the civil cases accepted by the court into complex cases and simple cases,and then submit them to different judicial departments and different procedures for trial and judgment.Therefore,how to distinguish complex and simple cases effectively is the prerequisite and key for the effective operation of the complex and simple diversion.However,in judicial practice,the standards and methods of distinguishing between complex and simple cases are far from being solved.Although various basic-level courts have issued documents on the reform of separating complex and simple cases,the categories of simple cases listed in the documents are quite different.Moreover,the methods used by courts to identify complex cases and simple cases are quite different.In the current reform,it is still an urgent problem to distinguish the standard and method of complex case from simple case.The thesis is divided into five chapters.The first chapter analyzes the concept and connotation of the division of complexity from simplicity,expounds the legal principle of the division of complex cases from simple cases,the background of reform and the course of reform,and defines the research object of this paper.The second chapter discusses the standard and method of division between the complex and the simple,which is one of the core contents of this paper.Firstly,the paper explains why it is necessary to study the criteria of the complex and the simple,and then sorts out the historical evolution of this criteria.On this basis,the paper analyzes the methods of division stipulated in the Civil Procedure Law and the methods of classify used in judicial practice.The fourth chapter is the empirical analysis.This paper examines the reform status of three pilot courts(one in south Jiangsu,one in middle Jiangsu and one in north Jiangsu)in 2017 when the Jiangsu Higher People'sCourt promoted the reform of the division of complex cases and simple cases.The fourth chapter analyzes the existing problems in this reform and puts forward the ideas and countermeasures to solve the existing problems.
Keywords/Search Tags:Civil Cases, the Division between the Complex and the Simple, Distinguish Standard, Distinguish Method
PDF Full Text Request
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