An Empirical Study On The Current Situation Of The Separation Of Complex And Simple Cases In Basic-level Courts

In recent years,the reform to separate complex and simple cases has been vigorously promoted in local people?s courts at all levels across the country.Most of the existing research and practical experience show that the separation of complex and simple cases of “quick trial of simple cases and fine trial of complex cases” has achieved remarkable results,which can improve judicial efficiency and promote judicial justice.The separation of complex and simple cases has become the main way to solve the contradiction of “more cases and fewer judge”.However,the existing research and practical experience have not been proved by detailed trial data.In this paper,through the detailed trial data of Court A,combining with the theoretical basis of the separation of complex and simple cases,the principle of proportionality,compared before and after the judicial efficiency and justice,found that 20%-30% of the small proportion of the judge,unable to complete 80%-70% of a large proportion of cases,and most judicial efficiency and judicial justice and the separation of complex and simple cases since indicators compared to before and the separation of complex and simple cases and no obvious ascension.In the author?s opinion,the separation of complex and simple cases cannot improve the judicial efficiency,and the division of complex and simple cases may only “look fast” after the separation of simple cases,thus unintentionally creating a false impression of a substantial improvement in judicial efficiency.In this regard,we should be vigilant,not to overestimate and evaluate the role of the separation of complex and simple cases,the separation of complex and simple cases has not become the main way to resolve the “ more cases and fewer judge ” contradiction.On December 28,2019,the Standing Committee of the National People?s Congress made the “Decision on Authorizing the Supreme People?s Court to Carry Out Pilot Reform of the Separation of Complex and Simple Cases of Civil Litigation Procedures in Certain Areas”.The author suggests that the pilot court should boldly eOore the separation of complex and simple cases measures at the micro level within the scope of authorizing temporary adjustment of some provisions of the current civil litigation procedure law;At the same time,we should pay more attention to the distribution of the separation of complex and simple cases at the middle level--multiple solutions outside the litigation,fully mobilize the forces of all social parties,and resolve a large number of disputes before the litigation.