A Study on Methods of Diverting Complicated and Simple Civil Cases——Taking the Tongbei Trial Team for Supreme People's Court in Bei'an as an Example
A large number of measures have been introduced in this round of judicial reform,which begins with the filing and registration system and focuses on the all-round implementation of the judicial responsibility system.Since then,a large number of cases have flooded into the court.Based on the post system of judges,they have to be responsible for own cases in their own life.Under the heavy workload and strict responsibility,it is inevitable that there is a growing gap between the demand for post judges and the actual practitioners.Considering the two modes of diverting complicated and simple civil cases in Beian Court,the grass-rootcourt where it is located,this paper analyzes the case handling effect of deverting complicated and simple case in the court and that in the Tongbei trial team,and draws the conclusion that complicated and simple case diversion in the trial team is more consistent with the judicial law.To this end,the measures are proposed as the following:organically integrating the various measures of this round of judicial reform,legally clarifying the rights and responsibilities of the trial team and the team leader,so that the team leader is"promising and responsible".The team leader,as the soul of the trial team,should fully undertake the work of diverting complicated and simple civil cases,undertake the trial of difficult cases in the complicated and simple diversion,and truly realize the goal of"quick trial of simple cases and refining trial of complicated cases".
civil casescomplicated and simple case diversionthe trial teamjudicial reform