There are many controversy in the concept of "more people in the case" in the court。Some questioned it is a false question，Some admit that it is an objective fact。Negative thesis mainly starts from the perspective of comparative law，Proposal from the total number of cases、Total number of judges、The amount of cases of national per capita、Measurement of the number of cases of judges per capita case，There is no obvious phenomenon of "more people and fewer cases" in our country than outside the territory。Affordication of the work content of the judge、Work load has emotional understanding or sympathy and understanding，By calculating the upper limit of the court of trial "human case" in the context of my country，It is pointed out that many courts in practice have broken through this upper limit。Obviously，The abstract comparison of the number of numbers is very meaningful。This is because of，The nature of the working nature of the courts and the field courts、Work content, etc. There are significant differences，Lack of basis that can be directly compared。but，The calculation of "human case ratio" should not be accommodated to reality，Uniformly incorporate various non -judicial affairs into the scope of the judge，thus overestimating the work burden of the judge。

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The cores of "There are many people and fewer cases" are "cases" and "people"。When describing the court's "many cases" status，Statistical caliber with different strict strictness。The widest can include civil、Criminal、Administrative、Execution、First instance、Second instance、retrial, etc.，For example, as many as 30.31 million pieces in 2022; the narrowest stenosis only refers to Bet365 lotto review various types (civil、Criminal、Administrative) First instance case，If 2022 also reached more than 17.15 million pieces。Compared with it，How much is the "human" of the court，Also there is a statistical caliber with different strict strict strictness。As far as the subject of the judgment is concerned，If the judge before the reform of the member system、Assistant Judges shall prevail，It has a total of more than 210,000;，The total number is only 120,000。But if the number of people with special political and legal preparation and local cause preparation is subject to，There are more than 350,000 "preparation" in the court; and around the trial、Execution and other court core business，The number of people engaged in judicial auxiliary work and judicial administrative work is more.。grassroots courts in some economically developed areas，This type of contract system hired personnel accounts for 40%of the total number of people，or even more than 50%。From this estimation，The national courts who actually engage in judicial work should be about 700,000 people。

"Many cases" and "few people" are a set of relative concepts。Use different statistical calibers，Calculated per capita cases of cases will be obvious in and out。For example，Divided by the narrowest number of cases with the widest significance case，You can get about 252 cases per capita case; otherwise，Divided by the widest coverage of the most significant case、Number of court staff outside the editor，The per capita number of cases obtained is only about 25 cases。Even if the amount of case per capita is 252 cases，Horizontal more beautiful、Ying、De、Japan and other countries，It is also far lower than its per capita cases of 500 or even more than 1,000 pieces。That's for this，It is not basically no basis for thinking that there is no real "more people and less" in my country。But looking at it vertically，Since 1978，Civil first -instance cases accepted by the Bet365 app download national courts have increased by more than 30 times，Special political and legal preparation during the same period increases only 5 times，The court is indeed busy，There are more and more cases on the work list of judges。Some scholars distinguish the amount of cases and workload (workload)，It is pointed out that the amount of the case cannot reflect all the judges' work load，In fact, the judge also undertakes a lot of work outside the judicial。

　See the "workload" of the judge through the "amount of cases" 

One aspect，Because the acting rate of the lawyer is low，To improve efficiency and discover the truth，The court has to adopt authority of authority for litigation，Affordable more judicial responsibilities; on the other hand，The judge is to completely resolve the dispute、Avoid appeal petitions，Frequent communication、Please instructions、Coordination，Determine in facts、Legal reasoning，Policies often need to be used、Public Opinion、Public opinion and other factors are incorporated into consideration。Speaking，The judge is not just handling cases in the judicial sense，Event in a social sense。Among them, the time required to invest in the judge、Energy，Knowledge used by the judge、Strategy，It is not comparable to the judicial work mode of "sitting in the church" and "Judu Judgment"。So，Multiple questionnaire surveys show，Judges from all over the country generally feel high work pressure，Overtime time long，It is believed that this is also the main cause of the judge's resignation。

Of course，The workload of the judge is not related to the amount of the case，The former is the carrier。It is based on specific cases，Combining judicial trials for uniform pursuit of judicial effects and social effects，It constitutes the main workload of the judge。On the one hand，"Many cases" phenomenon is both economic development、The inevitable result of social transformation，also fully explained the Bet365 app download achievements of the construction of the rule of law。Brief words，Only the people trust the justice，Only willing to resort to the court to resolve disputes。Justice is an important part of the national governance system，Modernization of rule of law is a powerful guarantee for comprehensively promoting Chinese -style modernization，Judicial workers actively resolve disputes、escort for economic and social development，It is the meaning of its deserves。Corresponding to the phenomenon of "multiple cases"，It is a significant increase in judicial resources obtained by the court，Software and hardware facilities、Professional guarantee of judges obviously improved。That's for this，The increase in the number of cases in the court and the increase in judicial credibility complement each other。On the other hand，The status quo of "more people and fewer people" will also lead to some disadvantages，The effectiveness of the judicial work。For example，Due to the direct corresponding workload due to the amount of cases，and the trial period、Case of Case，Some courts will "set up a card" at the "entrance" at the case to reduce the case，and postpone the case。At the same time，Due to the amount of cases as the basic unit of judicial assessment，Awarded the Judge's Evaluation Prize and the Resource Supply of the Court，Some courts will adjust the statistical method of the number of cases，Disassembled disputes that are actually consolidated into the "string case"，or adopt a team collaboration to establish a leading person with a leading amount of case handling。

So，To explore the problem of "more people and fewer cases"，The amount of cases should be through statistics，See the actual workload of the court; face the dilemma of "more people and fewer people"，You cannot work hard from the reduction of the amount of cases。For example，Program expansion，Preparatory merger for adding complaints，Improve ordinary common joint litigation、Third bet365 Play online games person participated in the lawsuit、Application rate of representative lawsuits，Strictly reduced the statistics of the case，instead of effectively reduced the workload of the court。

　　The way of cracking of "more people and fewer people" 

Only local experience based on Chinese judicial practice，Under the coordinate system composed of "case/event/event", "lawyer -based/judge", "the party should bear risk/court liability" and other elements，The inherent attributes and basic characteristics of Chinese justice can be positioned。

First，For "more cases"，The effectiveness of the source of the source of the sources。If the court is in a long -term trapped horses、Unable to reach the situation，It will inevitably affect the fairness of justice。Facing this dilemma，"Block" is not as "sparse"，With the setting of a case -by -case obstacle，It is not as good as promoting the source of complaints。In recent years，Courts of courts set up court studios at the grass -roots community、Contact point，Establish a litigation service station，Pay attention to the function of non -litigation procedures，Promoting dispute mediation and grass -roots legal services to form a joint force，Let the problem solve the source、Let the contradiction resolve at the front end，Getting better results。Future，It should be jointly participated by the party and government agencies，Construct a comprehensive system for the governance of the source of the source，Improve the overall performance of the source of the source of the source。

Next，For "Sha Shao"，Optimized judicial resource allocation。On the one hand，Expand program differentiation and personnel differentiation，Promote the simplified sample，For different case types、Litigation Program、Configure the corresponding judicial resources during the litigation stage。After the case is filed，Establish an objective program diversion standard，Give full play to small procedures、Specific Program、Simple procedures, bet365 best casino games etc.; in evidence exchange、Pre -court meeting、Litigation preservation and other stages，It can be chaired by the judge assistant。On the other hand，Optimize the court's organizational structure，Reasonable allocation of resources。The functions of expanding the trial management office，Set a job similar to "Affairs Director"，centralized management of common judicial auxiliary affairs; under the "unity system" of judicial trial and judicial administration，can be appropriately weakened by the section -based management mode，Flating、Team -type structure development，Reduce the occupation of judges' time and energy。

Last，The judge should be based on practical needs，Serving the people。This does not mean that the judge is anti -rule、populism、mediation staff type，Instead of following the legal rules、Lifting before the program，Combined with the actual needs of the dispute resolution in my country，Proper expansion of the connotation extension of the judicial referee。​​In the West，Professional Judge and Public Security Judge、Small Magistrate Court Judge、Judicial commissioner engaged in the court's mediation、Evaluations or lawyers are strictly distinguished，Professional judges have elite (harsh entry conditions、There are very few people、Only important cases、Enjoy high identity protection)、Limited Judicial Responsibility (The parties do their own behavior under the lawyer's agency and are responsible for themselves，The basic feature of the judge does not need to completely resolve the liability for negative pockets)。Comparison of comparison，Chinese judges are more popular in the group、The generalization of power、The broadness of responsibility。This is a dynamic balance in Chinese context，It is also the responsibility department of the people's court to serve the people，It does not constitute a legitimate reason for the judge to complain bet365 best casino games about "more people and fewer people"。

other，The problem of alleviating "more people and less cases" should also abide by the bottom line of the legitimate program，Source governance cannot be restricted or deprived of the parties' right to appeal。"Do work、Lectures "cannot evolve into" forced pressure "，Fan simplified diversion must not infringe the party's program selection right。Only adherence to the people -centered judicial concept，Only to explore the way of cracking "more people and less cases" with Chinese characteristics。

　 (The author is an associate professor hired by the dean of Tsinghua University)