繁简分流改革下独任制扩张的逻辑与限度

The Logic and Limit of the Expansion of the Sole-Judge Trial System under the Reform of the Separation of Complicated and Simple Civil Litigation

随着民事诉讼繁简分流改革的推行,长期存在于我国民事司法中审判组织与审判程序不合理对应的情况得以改善。独任制审判组织在与合议制审判组织的地位获得调整后也迎来了自身发展的新契机。繁简分流改革为独任制扩张提供了一套更具解释力的论证方案,二者均遵循司法改革的内在机理并形成了较强的逻辑关联。但是,独任制扩张在范围限度的设定、当事人程序利益的保障等诸多方面仍然存在完善的空间。

As a major innovation to solve the problem of “difficulty in enforcement” in China, the system of reconciliation in civil enforcement plays an important role in the complicated judicial practice. With the implementation of the reform of the separation of complicated and simple civil litigation, the long-standing situation that the trial organization does not correspond to the trial procedure in China’s civil judicial trials has been improved. The sole-judge trial system has ushered in a new opportunity for its development. The reform provides a reasonable basis for the expansion of the application of the sole-judge trial system, both of which accord with the internal logic of the judicial reform. However, there is still room for improvement in the limitation of the scope of application and the protection of procedural interests of the parties.