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近些年来,一些法院感到承办的民事案件增多,办案的压力增大,为了缓解法院的压力和提高诉讼效率,提出了“民事普通程序简便审”的设想,许多地方法院已在试点并加以推广。应当承认,主张“民事普通程序简便审”的法院追求提高民事诉讼的效率和效益这一司法改革的目标是值得肯定的。但是,在适用普通程序审理的民事案件中,人民法院采取简化、省略和肢解程序的这种法庭审理方式不仅不合法,而且有损诉讼公正,从根本上讲是不可取的。
In recent years, some courts feel that the number of civil cases undertaken has increased and the pressure of handling cases has increased. In order to ease the pressure on the courts and improve the efficiency of litigation, some courts have put forward the idea of “simplifying civil common procedures” and many local courts have been piloting To promote. It should be acknowledged that the objective of the judicial reform that advocates the pursuit of “simple trial of civil common law” to improve the efficiency and effectiveness of civil litigation is worthy of recognition. However, in the civil cases applicable to the ordinary proceedings, such courtrooms that the people’s court adopts the procedures of simplification, omission and dismemberment are not only illegitimate, but also impair the fairness of litigation, which is fundamentally undesirable.