The Alienation Of Civil Quick-judge Mechanism

The civil quick-judge mechanism,which originated in grass-roots judicial practice,has been recognized,promoted and regulated by the Supreme People’s Court,and has been continuously improved and matured in the judicial system.It has also played an important role in realizing the goal of justice for the people.As a system design that improves judicial efficiency and optimizes the allocation of judicial resources in practice,it is necessary to research and test the mechanism of civil quick-judge in theory.First,only on the basis of understanding the development history of a system can a scientific evaluation of the effectiveness of a system be made.The institutional setting of the civil quick-judge mechanism has gradually formed a relatively stable practical structure through three stages of the birth and development of an idea,practical exploration and relatively mature practice.In the specific practices,it is divided into different structural forms,which is reflected in the differences in three levels-organization setting,personnel composition and complex and simple diversion mode.However,the foundation of the system are invariant,and they are all based on the legal theoretical issues of satisfying the diversified judicial needs,realizing the suitability of litigation costs and litigation benefits,and ensuring the lowest procedures.Secondly,on the basis of sorting out the institutional settings of the civil quick-judge mechanism,returning to the perspective of specific practice,it is found that the civil quick-judge mechanism has alienation problems which are embodied in the phenomenon of "data falsification" in civil quick-judge and the image of judges as "assembly line workers" and "alienation" of the rights of the parties,this deviates from the goal of the civil quick-judge mechanism.The consequences of the alienation of the civil quick-judge mechanism are not only deviations from the goals set by the system,but also creates harm to the professional subjectivity of judges,the rights of the parties and the judicial authority in the construction stage.The harmful consequences are need to be corrected.Thirdly,starting from the analysis of the reasons for the alienation,the alienation of the civil quick-judge mechanism is due to the disorder in the application of the civil procedure itself,which is manifested in the expansion of the application of the summary procedure and the dormancy of the supervision procedure.On this basis,the unreasonable internal assessment mechanism of the court and the administrative phenomenon formed by the disciplinary logic of the bureaucratic system are superimposed.Therefore,through the power fulcrum of complicate-simple division,the mechanism of civil quick-judge has been alienated.Lastly,with the help of the improvement of legislation,the promotion of the intelligent trial model,the scientific setting of the court assessment model,and the transition of the civil quick-judge team to the staffing model dominated by judge assistants,the author hopes to realize the return of the alienation of the civil quick-judge mechanism.It will better play a positive role in the establishment of judicial authority and the construction of the rule of law in China.