Study On The Mechanism Of "Separate Adjudication And Trial" In Civil And Commercial Cases

Civil and commercial cases "points the cut" review mechanism reform system and simplified shunt mechanism reform and disputes diverse dissolve the organic combination of mechanism reform,is now pushing for more in our country,our country civil and commercial cases "points the cut" review mechanism reform has made some progress,but because in the reform of the initial stage,without practice repeated verification and adjustment,So in the reform process also appeared some problems,still need to further improve the mechanism.Based on the practice of T county people's courts in H province,this paper summarizes and analyzes six measures taken by the county people's courts to carry out the reform of the mechanism of "separate adjudications and trials" of civil and commercial cases by means of visiting and investigating,collecting data,browsing literature and so on.The second is to establish the working contact mechanism through the linkage of departments;Third,to establish a mechanism for integrating litigation and investigation,and to develop non-diversion of litigation and delegate mediation;Fourth,speed and slow separation,to ensure that the trial of the case is quick trial and quick conclusion;Fifth,promote the construction and application of the mediation platform of the people's court;Sixth,we will implement relevant supporting systems and mechanisms.The reform measures taken by the people's court of this county have initially established the mechanism of dividing the complicated and simple cases and the diversified dispute settlement mechanism.However,there are also five problems in the reform of the mechanism of "separate adjudication and trial" in civil and commercial cases.First,the procedural legislation of the mechanism of "separate adjudication and trial" is not in place.Second,the shunt mechanism is single;Third,information technology is not enough to play a role in the reform of civil and commercial cases "separate adjudication" mechanism;Fourth,the allocation of judicial resources is not reasonable,there are two major problems: the unreasonable staffing of each team and the unreasonable trial performance appraisal mechanism;Fifth,the mechanism of litigation and mediation is not smooth.In view of these five aspects,the countermeasures are as follows: First,to set up and perfect the procedural legislation of the mechanism of "sub-adjustment and adjudicative review";Second,strengthen the mechanism coordination reform and establish a variety of distributary mechanisms;Third,to improve the level of information technology development and application;Fourth,optimize the allocation of judicial resources;Fifth,the mechanism of litigation and mediation should be improved.Through the implementation of the responsibility system and the strengthening of logistics support,the ideological understanding of relevant departments should be improved.Meanwhile,the guidance of non-litigation mediation should be strengthened to relevant departments,and all civil cases should be clearly mediated.