Application Review and Practical Improvement of the Collegiality Rule in the Context of Reform of Simplified Diversion of Civil Litigation
In the context of the reform of simplified diversion of civil litigation,standards in judicial practice on which cases should be composed of collegiality for hearing judicial practice vary.Viewing the current situation of the application of collegiality in District Court F of City A in 2020-2022,the number of cases to be heard by collegiality is significantly is found to be smaller than those to be heard by solo trial,and there is no obvious pat-tern to be followed as to which cases are to be heard by a collegial court.Whether judges choose to apply collegi-ality or not is mainly based on the workload of the trial team,the difficulty and complexity of the case,assessment indicators and other factors of instability.Further analysis shows that the essence is that judges are influenced by the intensification of the contradiction between people and cases in the court,the suppression of the judicial ac-countability system,the constraints of the judicial assessment,and the measurement of the social effect and other factors.Based on this analysis,from the perspective of structural functionalism,the practice of collegiality rules in civil cases should not only clearly define the applicable standards of collegiate system and realize the substantia-tion of jury,but also focus on deepening the reform of simplified diversion of civil litigation proceedings,compre-hensively and accurately implementing the judicial responsibility system,improving the judicial assessment index system and paying attention to the unification of the so-called"three effects"of cases.
collegial systemsimplified diversion of civil litigationcase backlogjudicial accountability systemjudicial assessment
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维普
