民事案件繁简分流制度的完善——基于对A省基层法院的调研

对A省基层法院民事案件繁简分流实施情况的调研发现,繁简分流制度改革取得一定成效的同时,也存在法定审限内结案率下降,上诉率、申诉与申请再审率上升,审判质效并没有取得明显提升等问题,甚至有些法院还出现“立案难”的“返祖现象”。影响繁简分流效果的主要原因,一方面在于繁简分流的标准存在模糊性,简易程序适用范围“狭窄”;另一方面在于审判资源投入不足,“普通程序-合议制”之“捆绑”及法官职业保障制度的“容量”不足。相信通过进一步改革完善,繁简分流将能促进审判质效明显提升。

Improvement of Division System of Complicated and Simplified Civil Cases: Based on Investigation of Basic Courts in A Province

It is found that the division system reform of complicated and simplified cases has achieved remarkable results through empirical investigation in basic courts of Province A. Meanwhile, the rate of closing cases within the time limit dropped and the rate of appeal,complaint and application for retrial rose. The quality and efficiency of trial doesn't obtain sharp promotion and the difficulty in filing cases reappeared in some courts. Two main reasons lead to the above situation. First is the ambiguity in division standard as well as narrow application scope of the simplified procedure. Second is the lack of judicial resources investment,“binding”of“Ordinary Procedure--Collegial System”and insufficient“capacity”of professional security system for judges. The division of complicated and simplified cases will elevate the trial quality and efficiency dramatically by solving the above problems.