Study On The Complicated And Simple Diversion System In Civil Litigation In China

China is experiencing unprecedented changes,with both risks and opportunities,and the interests of multiple subjects are intertwined,giving rise to more conflicts and disputes.Disputes of all kinds are brought to court by the parties,and the courts,as the last barrier to resolving litigation disputes,are under greater case pressure.This contradiction is particularly acute in the area of civil litigation.In order to deal with the problem of contradictions in good cases,improve the efficiency of handling civil and commercial cases and optimise the allocation of judicial resources,the Supreme Court has vigorously promoted the reform of the civil trial system,requiring courts at all levels to carry out streamlining of civil litigation procedures,promoting the separation of complex and simple cases,and applying summary procedures,small-scale trials,online proceedings and online courts to "simple cases".The Supreme Court has been vigorously pushing forward the reform of the civil trial system,requiring courts at all levels to carry out the streamlining of civil proceedings,promoting the separation of complex and simple cases,and applying more convenient and simpler modes of trial,such as summary proceedings,small-scale procedures,single-judge trials and online litigation,while applying ordinary procedures to "complex cases".After several years of reform,amendments to the Civil Procedure Law were introduced in 2021,which basically fixed the results of the reform on the simplification of the stream of litigation,and the measures to simplify litigation procedures in the pilot programme were elevated to the level of law,and the system related to the simplification of the stream of litigation was thoroughly implemented and applied nationwide.However,as the system aims to resolve the conflict between the number of cases and the number of people,the insistence on the efficient resolution of disputes through simplified procedures has to a certain extent weakened the realisation of the purpose of civil litigation,i.e.the balance between the protection of the rights of the parties and the fairness and efficiency of litigation,as emphasised by the purposive theory of rights protection.Therefore,it is necessary to further improve the content of the system related to the streamlining of civil litigation procedures into the legal system of civil litigation,so that its content can meet the needs of the people’s case hearing on the basis of fully protecting the rights of the parties and enhancing the efficiency of the trial while ensuring the fair settlement of disputes.This article takes the purpose of litigation as the starting point to investigate the civil procedure of complicated and simple bifurcation,mainly from the following parts of the discussion: first of all,the concept of complicated and simple bifurcation of civil procedure and the theory of the purpose of litigation,clear civil procedure of complicated and simple bifurcation has always been committed to enhance the efficiency of litigation,but not too much institutional consideration on the fairness of the case trial.Now,the content of the civil procedure has been confirmed by the amendment of the civil procedure law,and the theory that the civil procedure should be in line with the purpose of civil litigation is proposed.Afterwards,the current legislative situation and implementation of the bifurcation of civil proceedings is analysed,and the specific problems of the bifurcation of civil proceedings under the purpose of rights protection are clarified: the guiding concept is not in line with the purpose of litigation,the procedures are not sufficiently explained,the rights of the parties are not sufficiently protected,the scope of application of the simplified cases is unreasonable,the mechanism of procedural conversion is unclear,and there is no systemic guarantee for the precise examination of complicated cases.On the basis of protecting the purpose of litigation,the system should be improved to protect the rights of the parties,and the system of complexity and simplicity of the courts should be adjusted to promote a balance between complexity and simplicity,so that it can better meet the requirements of the purpose of civil litigation and be more reasonable in the civil procedure law system.