Civil program differentiation and then thinking
November 14, 2023 10:20 Source: "China Social Sciences", November 14, 2023, Issue 2772, author: Jiger Fei

Civil program reform based on program division,It is the development trend and reform of the common national procedure law of the rule of law。Its reform goals mainly point to two aspects,In terms of efficiency dimension,Differentiated by programming forms "complexity and simplification、Extremely sequentially、Fast Slow Sub -Road ",thereby improving the overall effectiveness of the dispute resolution; in a fair dimension,Simplified version of ordinary programs within the litigation program through program differentiation,External development of the alternative dispute resolution mechanism outside the litigation program,to meet the judicial needs of the public in daily disputes "close to justice"。

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The starting point of this kind of civil procedure reform lies in,We usually call "resolving through the law" and the opposition between the two parties.、The general civil litigation procedure of the judge's referee is not universal,Internal restrictions with its institutionality。The main manifestations are: on the one hand,Disputes in the law in the West,It cuts and filter the native disputes through pre -formulated laws.,Dispute solution after filtering through the legal knowledge network。Although the simplification and unity of dispute resolution can be achieved,But also eliminated the characteristics of native disputes,This may lose the properness of the case handling and the sense of identity of the parties,It is difficult to achieve "the case is ended"。On the other hand,Ordinary civil litigation procedures are highly formatted、Highly technical Bet365 lotto review features,It makes it difficult for the general public to really understand and enter,Then the problem of "approaching justice" and "close to justice" in general public public。

The above problems are common problems facing civil litigation procedures in various countries today。There are two solutions to the comparative method: the country of the mainland law system uses ordinary programs as a sample,The core indicator of the litigation target as the core indicator of the jurisdiction is "doing subtraction" in litigation procedures,Differentiated Simple Program、Simplified version of the "Simplified Edition" general program。British and American law countries will jump out of the restraint of ordinary programs,Constructed a relatively independent small amount of litigation program (Small Claims Procedure),Its non -technical、Informal characteristics help respond to the needs of the general public to solve daily life disputes。There are no differences between the two,Reasonable choices made by combining historical and cultural traditions and the status quo of civil lawsuits。Specifically,professionalism of the referee subject、The overallness of the litigation system,Decided that countries such as Germany and Japan are more inclined to respond to the above problems by reducing the standard program; and the diversity of the referee subject、Likes integration of the litigation system、The speciality of the jury system and the high technicalization of the evidence system,It determines that British and American French countries are more inclined to build a small number of programs relative to "isolation" from ordinary programs。

  Features of the reform of civil procedure law in my country 

Return to my country's reality context,In the context of building a socialist rule of law with Chinese characteristics,Bet365 app download my country's courts insist on and fulfill the original intention and mission to serve the people,It is necessary to assume the referee function that is similar to out -of -the -domestible courts,State governance beyond the referee beyond the jurisdiction of the pole、Social governance functions,Therefore, my country's civil procedure law reform has the following features。

First,Under the guidance of "people -centered" judicial concept,How to respond to the urgent needs of the people for "close to justice" is the top priority of civil procedure law reform。The people have multiple、Multi -level dispute solution to demand,Therefore, not only must we promote the complete and perfect of rights protection,It is also necessary to reduce the threshold、Reduce costs to achieve convenience of rights protection。For this,Decision of the Standing Committee of the National People's Congress in December 2019,Authorized the Supreme People's Court to carry out pilot work of simplified diversion reform; in January 2020, the Supreme People's Court issued the "Pilot Plan for the Simplified Reform of Civil Litigation Procedures" and "Pilot Implementation Measures for the Pilot Reform of the Simplification Reform of Civil Procedures",Provide rules for guidance for the pilot work of complexity and simplification reform。The revision of the Civil Procedure Law based on pilot reform is also based on the division of civil procedures and simplified diversion,The improvement of small litigation procedures is used as an important content。

Next,From the perspective of the trial of the professional judge,Still point of view of the overallness of the litigation system,my country's judicial characteristics are closer to the country of the mainland law,instead of British and American law countries。Therefore,In the differentiation of Bet365 app download civil procedures,my country's current reform path is more inclined to do "subtraction" operations on the basis of ordinary procedures -to build a simple program with ordinary programs as a sample,further simplify the construction of a small program through the further simplification of the simple program。This is also the "Civil Procedure Law (Amended Draft)" "The small procedure and ordinary program、Simple program is listed as an independent litigation procedure ".,In the end, the deep causes of the "Standing Committee of the National People's Congress on Amending the Civil Procedure Law"。What needs attention is,The current reform ideas, although the small procedures are made、Simple program can better integrate into the existing civil trial system,But it also caused a homogeneous tendency between programs to cause simplicity、Small programs are overhead risk。

Last,Justice as an important part of the national and social governance system,We must serve the overall economic and social development,We must serve the interests of the people。This determines that the court of my country is engaged in judicial work,It is necessary to take the fundamental interests of the people as the starting point and end point。my country's courts must not only passively judge cases,It is necessary to use the rule of law thinking and the rule of law to actively resolve disputes,The proper solving of each case enhances the sense of gain and identity of the people。The uniqueness of the court in my country is reflected in,Not only should we give play to the "convenient referee" function in the judicial sense of the territorial courts,And to surpass this level,Carrying with disputes to solve the promotion of national governance、Disputes to solve higher expectations and requirements of realizing fairness and justice。This bet365 Play online games is also the fundamental reason for the people's courts such as "Active Justice" and "Source Governance" in the new period。

  Further promote the reform of civil litigation procedures 

Dual functions based on my country's courts,Need to from the litigation program、Two dimensions outside,Further promote the reform of civil litigation procedures。

within the proceedings,The relevant system of the mainland law system can be used as a reference,further improve my country's civil litigation procedure on the extension of ordinary programs。​​Although,The amendments to the civil lawsuit law reflect the simplified diversion inside the program,expanded the scope of the application of small litigation procedures,Extended the corresponding trial period,However, there is still a general program itself that it has not yet realized it、Case recognition standard blur、Hibratinization of various procedures、Connection and transformation obstruction between programs。First,The overall upgrade and structural optimization of civil procedures as a prerequisite for program differentiation。Promoting the phased transformation of ordinary programs,Enhance the formal characteristics of the formal trial procedure,Change our current response、Preparation before hearing、The current situation of confusion of functional confusion in the trial,Lay the foundation for program differentiation。Next,Clear ordinary program and simple program、The boundary of the fast -tailor program,Strengthen the operability of the case recognition standard,Introduction to a slightly litigation procedure,Enhance the independence of the small program。Last,Improve the small program and simple program、Selection and conversion mechanism of ordinary programs,Fully respect the parties' selection bet365 Play online games right,Improve conversion efficiency。

Beyond the proceedings,Accurately grasp the role positioning of the court's social governance "auxiliary",Extend the judicial work to the source prevention and control。General Secretary Xi Jinping emphasized,"The construction of the rule of law must grasp the end、Treatment of the disease,More to grasp the front end、Treatment of Non -sick "。This requires the court to move forward for the focus of work,Use non -vocalization to assist and participate in social governance,and party and government agencies、Other social subjects form a joint force for the governance of the source of complaints,"Reduce the occurrence of contradictions and disputes from the source,Reduce the occurrence of derivative litigation cases "。So,The court must take the initiative to integrate into the "source prevention as the first,Non -vocalization mechanism is forward,The Source Governance Work of the Finals of the Court of Justice。First,The court must play professional advantages,Key research finance、Architecture、Internet、Dispute prevention in special fields such as consumption,Good at using big data technology for front -end analysis,and improve the judicial recommendation system。Next,Optimized judicial confirmation program,Guidance before mediation work,Provide judicial security for non -litigation dispute solutions,Give full play to the high efficiency of non -procedures、Convenient、Economy advantage。Last,Strengthen the connection and conversion of non -litigation procedures,Abandoning the concept of judicial centerism,Respect the parties' choice of multiple dispute solutions。Disputes that really need to be resolved through litigation procedures,It should protect the parties' right to appeal in accordance with the Bet365 app download law,Use litigation methods to maintain the legitimate rights and interests of the parties。

  (The author is a professor at the School of Civil, Commerce and Economics of China University of Political Science and Law) 

Editor in charge: Cui Bohan
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