Research On The System Of Diversion Of Complexity And Simplicity In Civil Action In China

In the process of economic and social development,conflicts and disputes caused by conflicts of interests have sprung up to the courts.Almost all courts are faced with the difficult situation of surging litigation.However,the judicial resources of the court system are very limited.Especially after the establishment of the judge post system,there are fewer judges who can independently judge cases,resulting in increasing pressure to handle cases,The court system needs to find a way to solve the contradiction of fewer people and more cases.The Supreme People’s court has successively issued a series of documents that can guide the standardized implementation of the system,such as "several opinions on further promoting the diversion of complicated and simplified cases and optimizing the allocation of judicial resources","operating procedures on the diversion of complicated and simplified civil and commercial cases and the quick adjudication of mediation(Trial)",and "measures for the implementation of the pilot reform of the diversion of complicated and simplified civil procedure",So that local courts can deal with the current number of cases,conflicts between people and cases and other issues.This paper focuses on the complicated and simple diversion system,which is mainly divided into four parts.Firstly,through the explanation of the connotation of the complicated and simple diversion system,as well as the introduction of the two forms of making preparations in the pre-trial stage to help the case better enter the court trial and multi-dimensional dispute resolution without entering the court trial,it can reflect the functions of the complicated and simple diversion system to protect the procedural options of the parties It also introduces the historical development and academic viewpoints of the current complicated and simple diversion system,and puts forward the interpretation of the pilot scheme from the perspectives of judicial confirmation,expanded sole system,summary procedure,electronic litigation and small claims.Secondly,by comparing the differences between the United States,which takes the simplicity as the diversion standard,the notification procedure as the supporting system,and Germany,which takes the litigation object as the diversion standard,and establishes the judge’s equitable discretion,the paper concludes that we should pay attention to the litigant litigation mode and standardize the operation of the dialogue mechanism between the two parties,which has practical significance for our country.Thirdly,from the seven aspects of unclear specific standards,diversified dispute resolution mechanism to be coordinated,the lack of protection of the parties’ procedural choice rights,procedures to be refined,lack of application of supervision procedures and small claims procedures,nonstandard application of quick adjudication procedures and lack of follow-up of supporting measures,this paper expounds the problems and causes in the operation of the system.Finally,the paper puts forward some suggestions to improve the system of separation of complicated and simple civil cases.In the aspect of judging complexity and simplicity,the standard and starting procedure should be established;Secondly,we should broaden the social mediation force and establish professional mediation team to improve the diversified dispute mediation mechanism;We should protect the litigant’s right to choose litigation,and allow the litigant to choose litigation procedure by agreement;Actively apply supervision procedures,small claims procedures and quick adjudication procedures;Promote the construction of judicial information,promote the realization of traditional and simple diversion,and ensure the effective implementation of traditional and simple diversion system.