An Empirical Study On The Reform Of Diversified Civil Litigation

The reform of diversified civil litigation is an important judicial reform measure for the people’s court to improve the trial efficiency of civil and commercial cases,solve the contradiction of many cases and few people,and meet the people’s multiple judicial needs Under the guidance of the Supreme People’s court,since 2016,courts across the country have successively carried out the reform of diversified civil litigation in accordance with the work requirements of the Supreme People’s court.Based on the investigation of the reform pilot B court in Y City,it is found that in recent two years,the court has successively adopted the separation mode of "combination of legislation,division and trial" and the separation mode of cause of action classification,which has achieved some reform results,but there are some representative problems,mainly due to the differences of the case separation modes in different places,the lack of differences in the proceedings,the single solidification of the trial mode,and the passive participation of the main body,the function of non–litigation resolution is not fully developed,unreasonable personnel organization and allocation,imperfect assessment mechanism,inadequate role of information construction and other issues.To solve the problem,we need to determine the basis of the reform of diversified civil litigation,starting from the concept and connotation of complicated and simple cases.Complex cases refer to difficult and complicated cases with unclear facts and difficult application of law.Simple cases refer to simple cases with clear facts,clear relationship between rights and obligations,and little dispute on application of law.Furthermore,according to certain standards,the complicated and simple cases should be screened and divided into simple and complex cases.Different judicial resources should be allocated to different cases.The simple cases should be handled in a simplified and efficient way according to the quick trial procedure,while the complex cases should be handled in a refined way according to the ordinary procedure.From the perspective of the system itself,the establishment of the system should be improved by reshaping and optimizing the current litigation procedure,the detailed and professional trial of numerous cases,and the combination of the standard and flexible trial process.In terms of reform measures,it is necessary to scientifically standardize the diversion work,optimize the organization and personnel setting,and attach importance to the subjective initiative of the participants.In terms of system guarantee,it is necessary to standardize the connection of litigation and settlement,improve the classification and evaluation mechanism and promote the construction of an intelligent court.