司法体制改革背景下繁简分流的法理论证

A Theoretical Demonstration of the Division between Complex Cases and Simple Cases against the Backdrop of Judicial Reform

人民法院在新一轮司法体制改革过程中,面临的"案多人少"矛盾呈现出诸多新特点,最高人民法院出台的《意见》(法发[2016]21号)文件提出了系列繁简分流举措来加以应对。此文从繁简分流的理念价值论、工具价值论和路径对策论三个方面进行法理论证,意图为繁简分流机制改革的实践深化和立法固化提供建言。

In this new round of judicial reform, the contradiction caused by the limited judicial personnel and the increase in lawsuits has caused many new challenges. To address these challenges, the people＇s courts have taken the measure to divide the complicated cases from the simple ones according to the Supreme Peop basis for the d e＇s Court＇s opinions （SPC＇s Release no. 21, 2016）. In this paper, we investigate the theoretical vision between the complicated cases and the simple cases from three aspects, i.e. the concept, instrument and approach involved in such a complicate-simple division. This investigation is intended to offer some suggestions for deepening the practice of reforming the mechanism for such a division and for the legislative consolidation of the fruits produced by this reform.