Research On The Application Of Monopoly System Expansion Under The Background Of Separation Of Complex And Simple

The basic consideration of the reform is to realize the separation of complicated cases from simple ones,to optimize the allocation of trial resources,and to ease the contradiction between the increase of lawsuit cases and the limited lawsuit resources.Against the background of many years of implementation of the reform of the mechanism of separation of complicated cases from simple ones,the reasons for digging up the sole-judge system of first instance under the general procedure system and the sole-judge system of second instance under the general procedure system and the sole-judge system of second instance under the reform of separation of complicated cases from simple ones are mainly as follows: firstly,the effect of separation of complicated cases from simple ones is not remarkable,and a large number of cases still enter the trial procedure;secondly,by increasing the judicial capacity for a long period of time,some simple cases to which the simplified procedure is applied will eventually be applied to the collegiate system,which wastes judicial resources.However,the current system lacks the supply of second instance under the system of separation of complicated cases from those under the complicated procedure;thirdly,the cases still need to apply the collegiate system,which restricts the effect of separation of complicated cases from those under the first instance.In theory,the sole-judge system makes the general procedure more flexible,and the extension of the trial period can be used to solve the backlog of cases;secondly,the function of procedure is diversified,and the sole-judge system of second instance breaks through the limitation of trial grade,which is the embodiment of the function of procedure dispute settlement.From the practical perspective,the collegiate system is applicable to simple cases in both the ordinary procedure of first instance and the procedure of second instance,and judicial resources are not reasonably used;the phenomenon of "acting alone in body" has increased in the trial practice and the function of the collegiate system has been eliminated,providing practical feasibility for the expansion of the application of the sole-judge system.At present,there are operational difficulties in the expansion of the sole-judge system.The theoretical difficulties are as follows: the expansion of the sole-judge system has broken through the trial supervision function of the procedure of second instance;secondly,the procedural interests of the parties are impaired,and the pilot courts claim for the expansion of the sole-judge system in the second instance and retrial is faced with the inquiry of procedural guarantee;thirdly,the practical difficulties are as follows: the application of the sole-judge system of second instance is generalized among pilot courts;secondly,the sole-judge system of second instance is too concerned about resolving disputes,and the court trial procedure is too simplified while its current trial-level function is ignored;hence,there are problems of homogeneity between the procedure of second instance and that of first instance;and thirdly,the application of ordinary procedure is simplified along with the simplification of the trial organization.This paper points out that the dilemma applicable to the expansion of the sole-judge system is addressed.The basic concept applicable to the expansion of the sole-judge system is the reasonable allocation of judicial resources;secondly,the expansion of the sole-judge system adapts to the overall guarantee ability of procedures,and thirdly,the trial organization achieves effective stratification and connection.The expansion of the sole-judge system shall be governed by the principles of balance of fairness and efficiency,matching the expansion of the sole-judge system with the function of trial level,and matching the expansion of the sole-judge system with the complexity of cases.The specific optimization of the expansion of the sole-judge system is to grant the parties concerned the right of consensual choice,strictly restrict the simplification of ordinary procedures under the sole-judge system,and it is clarified that the expansion of the sole-judge system is based on the subject matter,complex identification of facts,complex application of law,and great social impact,strengthen the supervision and management of the sole-judge system.