Comprehensive Measures to Address the Overall Decentralization of Civil Cases: A Case Study of the People’s Court in County S, China

DOI: https://doi.org/10.62517/jel.202414202

Author(s)

Lan Jia

Affiliation(s)

China Jiliang University, Hangzhou, Zhejiang, China

Abstract

In order to avoid the overlapping functions of four levels of courts and to better construct a fair and just judicial system that serves the people, the Supreme People’s Court has issued a notice promoting the reform of the functional positioning of four levels of courts. Among them, grassroots courts handle the highest number of cases, have the largest quantity, and are distributed most widely, making them an important focus in the reform of functional positioning. After the reform, civil cases will be comprehensively decentralized to grassroots courts, which means that grassroots courts will handle the majority of civil cases and gradually become the center for civil case adjudication. However, this also brings significant challenges to grassroots courts. Therefore, in order to avoid the negative impact of the comprehensive decentralization of civil cases on grassroots courts, measures such as guidance from superior courts, alternative dispute resolution mechanisms, optimization of personnel allocation at the grassroots level, and improvement of work efficiency are particularly important.

Keywords

Reform of Functional Positioning; Grassroots Courts; Decentralization of Civil Cases; Coping Measures; Judicial System

References

[1] Zhang wei-ping, Dai shu-cheng. Reflections on the Adjustment of the Function Orientation of the Supreme People's Court. Study & Exploration, 2022(6): 69-80. [2] Fan yue-ru. Research on the function orientation of four-level courts under the background of judicial reform. Shandong Judges Training Institute Journal, 2017, 33(6): 42-51 [3] Jin dong. Structure and Function: A Study on the Reform of Trial Function Orientation of Four-tier Courts. Journal of Political Science and Law, 2022, 39(2): 93-101. [4] Zhang liang, Huang mao-kun. Challenges and Macro Countermeasures to the Sinking of the Focus of Civil Trial in China. Hebei Law Science, 2022, 40(07): 149-168. [5] Zhang hai-yan. The Dilemma of Few Judges for Many Cases and Its Way out: Focusing on the Civil Cases. Journal of Shandong University (Philosophy and Social Sciences), 2018(2): 48-58. [6] Tang yun-yang. The Pilot Problem and Perfecting Path of the Reform of the Function Orientation of the Middle and Grassroots Courts in China: Taking the Courts in S Privince as an Example. Journal of Sichuan University of Science & Engineering (Social Sciences Edition), 2023, 38(01), 65-85 [7] Wang wei-wei. Thoughts on human resource management of basic courts. Human Resources and Social Security, 2022(16): 113-115. [8] Long fei. A Positive Study on the Prioritization of Non-litigation Disputes Resolution Mechanism: with Samples from the Practice of Chongqing Courts. Journal of Law Application, 2019(23): 76-88.