Research On The Elements Trial In Civil Cases

Nowadays,with the steady and rapid development of economy and society in China,and consistently enhancement of people’s awareness of the legal system,people begin to resort to justice to solve contradictions and disputes.As a result,the number of civil and commercial cases accepted by the people’s courts is growing rapidly.At the same time,the number of judges decreased sharply after the reform of judge post system in 2017,which is in sharp contrast to the increasing number of cases,resulting in a serious shortage of judicial resources.In order to deal with the increasingly serious problem of more cases and fewer people,local courts have to solve the problem from the mechanism,through the optimization of litigation procedures and the structural adjustment of judicial resources,to tap the internal potential and improve the trial efficiency.In recent years,in order to improve the quality and efficiency of the trial,many local courts have begun to try the element trial under the background of the complicated and simple diversion reform.In the process of trial of simple civil cases with clear facts,clear rights and obligations,which can summarize fixed elements,we can adopt the element trial method,which is a new trial method of pre-trial guidance,trial and making judgment documents around the basic elements of the case.Element trial is conducive to the optimal allocation of judicial resources,which can not only effectively protect the litigation rights of the parties,but also reduce the cost of litigation and improve the efficiency of litigation.Based on the principle of admission,the content that the party fills in the form of litigation elements in the element trial is the fact that the party himself admits,and the other party does not need to prove it again.In the element trial,by comparing and sorting out the contents filled in by both parties in the litigation element table,it concludes the process of the scope of the dispute points between both parties and the reasoning of the dispute elements in the element trial documents,which is the manifestation of the principle of the judge’s disclosure of the facts of the case.There is a complementary relationship between the element trial and division of complicated and simple cases.On the one hand,the premise of element trial is to divide the cases into complex and simple cases,and screen out those cases with relatively fixed facts,clear legal relationship,small dispute object and easy to find out.On the other hand,the element type decomposition of element trial is to use element recognition methods to provide convenience to division of complicated and simple cases.Combined with the development of the relevant practice of the local courts in China,this paper analyzes and summarizes the application scope and characteristics of the element trial in practice,as well as the practical application in the pre-trial procedure,trial,judicial documents and intelligent development.This paper proposes to further strengthen the division of complicated and simple cases and simplify the element trial to solve the deficiencies in the adaptation between the element trial and the current legal proceedings;to coordinate the poor connection between the first instance and the second instance procedures by making the precourt conference report and making full use of the intelligent system;to promote the scientific division of labor between judges and judicial assistants,optimize the litigation element table and solve the element table.In order to solve the problem of insufficient judicial data in the development of intelligent trial,we should standardize the upload of judicial documents and establish cross industry and department information sharing platform.