司法体制改革中繁简分流的优化路径——基于法理学的思维方式与探讨

The optimized path of the diversion of complexity and simplicity in the reform of judicial system--Thinking mode and discussion based on Jurisprudence

随着经济的快速发展,我国迎来了社会发展转型的关键时期,各种社会矛盾和经济纠纷也纷至沓来,呈现出爆炸式增长的态势。立案审查制向等级制的改革使得案件进入司法程序的准入门槛被降低,大量案件涌入人民法院。然而现有的员额制法官人数却增加的十分缓慢,案多与人少之间的矛盾愈发明显。因此对案件实行繁简分流、平衡需求与供给之间的巨大落差就显得十分重要。文章从繁简分流的价值论入手,对繁简分流机制的本质进行法理探讨,为繁简分流机制在我国实际运行中破除阻碍及优化路径建言献策,以期建立多元、灵活、公正的繁简分流机制。

With the rapid development of economy and society,China has ushered in the shutdown period of social development and transformation,and all kinds of social contradictions and economic disputes are also coming,showing an explosive growth trend.The reform of the case-filing examination system to the hierarchical system lowers the entry threshold of cases into the judicial process,and a large number of cases flood into the people's courts.However,the number of judges under the existing staffing system is increasing very slowly,and the contradiction between the number of cases and the number of judges is becoming more and more obvious.Therefore,it is very important to balance the huge gap between demand and supply and implement the diversion of complicated and simple cases.In this paper,starting from the axiology of traditional and simple diverting,the essence of traditional and simple diverting mechanism is discussed in legal theory,so as to make suggestions and suggestions for the obstacles faced by the mechanism of traditional and simple diverting in China's actual operation and the effective optimization path,and establish a diversified,flexible and just mechanism of traditional and simple diverting.