边疆少数民族地区基层人民法院立案庭制度改革研究——基于W市人民法院立案二庭的实证分析

Reform of the register court of grassroots courts in minority borderlands:An empirical analysis of the second register court of W-City People's Court

自2009年最高人民法院立案二庭成立起,各省从高级法院至基层法院相继成立了立案二庭。文中以云南省W市人民法院立案二庭为实证分析对象,发现自其成立以来,预期职能与实践职能间产生极大的脱离。立案二庭的预期职能主要是涉诉信访、再审立案与判后释明。而实践中由于法律规范的模糊,边疆少数民族地区对诉前咨询有巨大的社会需求空间,导致立案二庭的职责模糊,其职能逐渐转变为提供诉前指导与咨询。未来立案二庭改革的核心问题在于明确其定位,厘清其职能并下放再审立案管辖权。

Since 2009 when the second register court was established in the Supreme People＇s Court of China,a similar court has been successively established from the grassroots courts to the provincial people＇s courts.This paper gives a case study of the second register court of W-City grassroots court in Yunnan province,and concludes that its practice has failed to meet its expectation since its estab-lishment.Its expected functions include the handling of the judicial petition letters,retrial procedures and the post-trial explanations.But in practice,due to the ambiguity of legal norms and the enormous needs of the pre-litigation consultancy in the minority borderlands,its duties become vague.Its func-tions have gradually changed into pre-litigation guidance and consultancy.The key reform in its fur-ther development relies on the classification of its position and functions as well as more flexible retrial jurisdiction.