民事訴訟另案處理的標準澄清與程序完善

另案處理的正當性在於，法官為了避免合併審理產生明顯的訴訟遲延而行使分割案件的訴訟指揮權。而司法實踐中，另案處理已成為法官告知當事人另行起訴、拒絕裁判的理由，嚴重危及訴訟經濟與程序安定，其原因則為適用標準與程序保障的缺失。通過區分訴訟要件、合併要件與訴訟遲延風險的裁量三項內容可以進一步界定另案處理的適用標準：只要未違反訴訟要件，違反合併要件應當強制分案，存在明顯的訴訟遲延風險需要裁量分案。未來還應當明確分案裁定的具體程序，或允許法官通過先行判決程序變通實現分案目標。分案之後，案件原則上應當由該案審判組織繼續審理。

"The legitimacy of so called ''trials in separate procedures'' lies in judge's procedural command power to avoid a potential procedure delay, which could obviously be caused by unsuitable procedure combination. In current judicial practices in China, however, because of the lack of application standards and procedural guarantees, judges always tend to dismiss the action or reject to give any entity judgment in the name of trials in separate procedures, and thereby severely endangering the economy and stability of procedure as well as the litigation right of party. By distinguishing three standards: the pre-condition for a lawful action, the special preconditions for procedure combination and the assessment of risk of obvious procedure delay, application of trials in separate procedures could be further defined: when preconditions for a special lawful action are met, judge should hear the case separately ex officio; when preconditions for procedure combination failed, or hear the case separately under his discretion to a-void obvious procedure delay. In the future, it is also necessary to make clear legislation for ruling of procedure separation, however, under specific circumstances, the judge could also make partial judgment instead of procedure separation. After the separation, separated procedures shall still be trialed in front of the original trial organization."