In recent years, the courts in Guangxi have comprehensively deepened the reform of the mechanism of separating complexity from simplification, given full play to the procedural advantages of summary procedure, small claims and quick criminal trial, simplified the judgment documents and trial methods, adhered to the principle of "quick trial of simple cases and careful trial of complex cases", pushed the trial of cases into the "fast lane" and explored new ways to effectively alleviate the contradictions among many cases.
A set of data tells you that the efficiency of handling cases has been greatly improved.
20171-September Guangxi Court
Closed cases 132978.
Apply summary procedure to hear cases.
Accounting for 62.56% of the cases concluded in the first instance.
The average trial time of criminal cases has been shortened from 26 days to 8 days.
Huang Ke, President of Guangxi High Court:
"The reform of the complicated and simplified diversion mechanism is an important measure to improve the quality and efficiency of trials, reduce the burden of complaints from the masses, and ease the pressure on judges to handle cases."
Innovate the mechanism of "separation of adjustment and cutting"
"Shortcut" for starting a case trial
A series of labor disputes involving 965,438+0 employees and 520,000 unpaid wages were successfully mediated within 65,438+05 days by using the small-sum quick-cut procedure. The once unimaginable speed of handling cases has now become a reality in the Luzhai Court of Liuzhou City.
primary facts
Due to the maturity of the bank loan of Liuzhou Changye Machinery Manufacturing Company and the repayment of private loans, bank funds are tight, capital turnover is difficult, and employees' wages are in arrears. After the application to the labor arbitration department failed, 9 1 employee filed a civil lawsuit with Luzhai court.
May
On May 30th, Zhao Bo, president of Luzhai Court, and Wu Hongmiao, vice president of Luzhai Court, met with the chairman of Changye Machinery Manufacturing Company to learn about the operation, existing problems and difficulties, and explained relevant laws and regulations.
June
On June 15, Vice President Wu Hongmiao organized mediation between the two parties, and all the staff representatives, entrusted lawyers and the chairman were present. After mediation, the two sides reached a mediation agreement.
20 16
The court of mediation and quick adjudication is added, and it is divided into pre-litigation mediation group and quick adjudication group.
20 13
Establish a single small fast court
Luzhai Court rehired retired judges to form a pre-litigation mediation working group.
Responsible for pre-litigation mediation
From 2065438+2007 to1-August, the mediation court of Luzhai Court accepted 373 cases and concluded 336 cases, with a settlement rate of 90.08%. 297 pieces were transferred, with a transfer rate of 88.39%. Among them, 200 cases were settled through small-scale litigation procedures, and a large number of disputes can be resolved through mediation or rapid arbitration within the same day or within a few days.
Full coverage of civil and commercial penalties
The allocation of judicial resources is more optimized.
Criminal field-Yufeng district court
During the period of 20 16, 1- 12, * * * accepted 843 criminal cases and concluded 829 cases, including 542 minor criminal cases, accounting for 64.3% of all accepted cases, and the court verdict rate was 100%. The average trial time of each case is less than 5 minutes, the average trial period is less than 7 days, and the interest rate is over 99%.
Criminal field-Xixiangtang District Court
Unify the standard of proof with "evidence-oriented", simplify the judgment documents and trial procedures, and establish a "four-concentration" mechanism including filing, trial, sentencing and delivery, and a "three-preposition" mechanism covering criminal reconciliation mechanism, sentencing suggestion mechanism and social investigation and evaluation mechanism.
Civil and commercial lingyu-xingning district court
A quick trial team consisting of/kloc-0 judges and 3 clerks accepted cases based on the nature, characteristics and convenience of group litigation, which enabled 60% of cases to be concluded quickly; Four diversions were implemented: pre-litigation diversion, filing diversion, trial diversion and document diversion.
Yufeng District Court introduced its experience at the national training meeting on simplified diversion and mediation.
The application rate of summary procedure in civil and commercial cases is 76.37%, the withdrawal rate is 67.0 1%, and the acceptance rate of first instance is 82.24%. The average trial period of cases applying summary procedure, ordinary procedure and small claims procedure is shortened by 7 days, 12 days and 19 days respectively.
Docking with complaint service center
Many cases are solved from the source.
Combine the separation of complexity and simplification of civil and commercial cases with the construction of an upgraded litigation service center to create a "diversified platform" integrating judicial guidance, court promotion and litigation guarantee, and reduce the number of cases entering the litigation process from the source.
Luzhai court
Luzhai Court Litigation Service Center consists of filing court and mediation court.
Liuzhou Luzhai Court seized the core of "source diversion" and constructed a "five-diversion" system of pre-litigation diversion, filing diversion, procedural diversion, focus diversion and document diversion, and brought small quick adjudication into the management of litigation service center.
The mediation court under the litigation service center undertakes the duties of mediation in advance and speedy adjudication, and conducts mediation before litigation through serving or retired judges, people's mediators, people's jurors and industry or community mediators. If the parties are unwilling to mediate or the mediation fails, they shall be transferred to the filing procedure in time; Cases with clear facts, small subject matter and little controversy shall be mediated and decided by small litigation judges.
Zhongshan court
The Zhongshan Court of Hezhou City set up a pre-litigation mediation room in the litigation service center, and selected a senior judge with rich mediation experience, good at mass work and strong sense of responsibility as the pre-litigation mediation liaison judge, responsible for the pre-litigation mediation liaison and mediation guidance of disputes.
Yufengyuan
Liuzhou Yufeng Court has established a docking center for litigation and mediation, giving it jurisdiction. For the cases that both parties appeared in court for mediation before filing, but the mediation was ineffective, the case was simple and controversial, the case was filed, served and the court session was arranged on the spot, which prevented the parties from going back and forth to the court many times and prevented the defendant from deliberately evading serving in court.
Source China Trial Wen Fei Guixi Editor Wei (Image from Wenzhong Court)
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