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根据法律规定,二审民事案件原则上需要开庭审理,但现实生活中二审庭审方式的异化并没有实质回归的迹象,非正式开庭现象仍然普遍存在。非正式开庭以其效率优势深入人心,追求实体公正的理念仍然无法通过开庭的形式正义掩盖,完善非正式开庭程序无疑可以为司法改革创造巨大红利。在案多人少的背景下,根据分配正义的理念,二审案件也应该实现繁简分流。劳动争议案件作为相对简单的民事案件,可以在二审程序中引入独任审判、简易开庭、人民陪审员制度等一系列新的规则,实现二审简易案件庭审程序的变革。
According to the law, the second instance civil case requires trial in principle. However, the alienation of the second instance court trial in real life does not show any real regression, and the informal court hearing is still widespread. Informal hearing with its efficiency advantages enjoys popular support and the concept of the pursuit of substantive justice still can not be covered by the formal justice of the court session. Perfecting informal hearing procedures undoubtedly can create huge bonuses for judicial reform. Against the background of many people and fewer people, according to the concept of distributive justice, cases of second instance should also be simplified and streamlined. As a relatively simple civil case, the labor dispute case can introduce a series of new rules such as solitary trial, summary hearing and people’s jury system in the second instance procedure to realize the change of the trial procedure of the second instance simple case.