基层法院民商事案件繁简分流机制建设

On Construction of Distribution Mechanism for Simple and Complicated Civil and Commercial Cases in Grass-roots Courts

建立和完善案件繁简分流机制是缓解当前法院积案压力的重要手段。我国民商事案件繁简分流试点改革已取得一定成效,但仍然存在着繁简案件区分标准不明确、案件程序转换不规范、案件庭审和裁判指引原则化、审判事务分工模式不科学、多元化解决机制操作性不强等制约改革成效的诸多问题。应从科学确定案件繁简标准、严格程序转换、规范庭审和裁判指引、完善法官业绩评价等方面进行探索和改革,助力民商事案件繁简分流机制建设取得实效。

Construction and improvement of distribution mechanism for simple and complicated cases is a key aproach to ease the current court backlog pressure. Some effects have been achieved in the pilot reform of distribution of simple and complicated civil and commercial cases in China, which still witnesses undefined standard for distinguishing simple and complicated cases, lack of standard for case procedure distribution, principle-oriented trial of cases and referee guiding, lack of scientific division model of judicial affairs, and weak operability in diversified solution mechanism, which restricts reform effects. Accordingly, investigation and reform should be conducted in terms of scientific determination of the standard for simple and complicated cases, strict procedural distribution,standardization of trial of cases and referee guiding and improvement of the the judges’ performance evaluation with a view to promoting the practical effects of construction of distribution mechanism for simple and complicated civil and commercial cases.