论文部分内容阅读
当前一审普通程序中存在大量超审限案件,深究其原因在于一审普通程序法定审限过短即仅有一个半月;尤其在构建和谐社会时代背景下法院不是简单地以判决了事,而是花费大量的时间和精力用在社会矛盾化解和参与社会管理创新上以实现社会稳定,这愈发凸显法定审限时间紧张和不够。因而,我们需要对一审普通程序法定审限进行谨慎改革,目前实务界主张首先对审限进行分类并提出三种路径:一是按照案件类别、二是按照案件审判难易程度和三是按照案件社会影响度来进行划分。本文在吸收上述三种划分方法合理成分的基础上主张按照级别管辖进行划分,并提出具体审限时间分配的立法建议。
At present, there are a large number of super-trial cases in the ordinary procedure of the current trial. The reason is that the legal trial of ordinary procedure in the first instance is too short, that is, only one and a half months. In particular, in the context of building a harmonious society, courts not simply sentenced things but spent A great deal of time and effort are devoted to resolving social conflicts and participating in social management innovations in order to achieve social stability. This highlights the time constraints and inadequacies of legal review. Therefore, we need to make a cautious reform on the statutory review of the ordinary procedure of the first instance. At present, the substantive circles advocate the first classification of the judicial review and put forward three ways: First, according to the type of the case, second, according to the degree of ease of trial and third, according to the case Social impact to be divided. Based on the absorption of the reasonable components of the above three methods, this paper advocates the division according to the level of jurisdiction and puts forward the legislative proposals for the specific time distribution of the trial.