Empirical Investigation And Countermeasure Research On The Phenomenon Of "many Cases And Few Cases" In Chinese Courts

The phenomenon of "many cases but few judges" in the court is a major problem that has long plagued the judicial system in China.The judges are unable to respond to the increasing number of cases,which makes it difficult for them to respond to the people's demand for judicial efficiency,reduces the judicial credibility of the court,and the high-pressure case handling burden causes physical and mental damage to the judges.This can not help but make a person ponder,our country court person case contradiction arrive what condition? What causes the phenomenon of "many cases but few judges" ? What measures can be taken to relieve the pressure of handling cases?Many scholars have analyzed and discussed the above problems based on the national macro data,which is overall but too general.In this regard,the author conducts an empirical investigation in the basic people's court of K district,Yunnan province,and on the basis of the case data of the basic people's court and interviews with the first-line case handling judges,probes into the specific manifestation of the phenomenon of "many cases but few judges" in the court.In addition to the introduction and conclusion,this paper is divided into four parts.The first part takes the basic people's court in K district of Yunnan province as an example to investigate,analyze and verify the phenomenon of "many cases but few judges",so as to reveal the severity of the dilemma of "many cases but few judges".According to the increase of the number of cases in the basic people's court in K district and the number of cases handled by judges per capita,it reflects the performance and future trend of the phenomenon of "many cases but few judges".Comparing the number of judges per capita in the basic people's court in K district with the number of judges per capita in the whole country,it shows that the phenomenon of "many cases but few judges" is characterized by regionalization and hierarchy.Finally,the difficulty of the judges of the basic people's court in K district in dealing with the problem of "many cases but few judges" reflects the urgency of solving the dilemma of "many cases but few judges".The second part analyzes the causes of the problem of "many cases but few judges" and explores the causes of the dilemma.The main reasons are as follows: thepopularization of law is a mere formality,and it is difficult to prevent the source of disputes;The dispute resolution channel is blocked,the mediation ability outside the lawsuit is weakened,and the society's dispute resolution ability is lacking;The reform of the court staffing system and the loss of contract trial assistants have weakened the court's trial effectiveness and made judges tired of dealing with the surge of cases;The change of judicial policy in litigation cost and filing system encourages the public to take litigation as the first choice for dispute resolution.The third part of the court "many cases but few judges" this problem to carry out countermeasure research,explore how to solve this dilemma.The countermeasures are as follows: the implementation of law popularization,the improvement of people's legal literacy to avoid risks,and the reduction of disputes from the source;In order to improve the speed of trial,the traditional and simple triage method is adopted to solve the disputes,so as to realize "quick trial of simple cases and intensive trial of complex cases".Appropriate increase of judicial resources to cope with the brain drain of the court,reduce the pressure of judges handling cases;To tap the inner potential of the court and improve the judge's efficiency;The construction of a new type of intelligent court,the use of scientific and technological means to improve the efficiency of the court.