“案多人少”的成因與出路──對本輪民事訴訟法修正之省思

Causes of ''Too Many Cases and Too Few People'' and the Way Out

摘要“訴訟爆炸”和“案多人少”是我國法官的直觀感受，其也逐漸成為理論界的關注熱點和立論基礎。“訴訟爆炸”雖能得到統計學支持，但並不構成“案多人少”的主要原因。與德國數據相比，我國不存在顯著的“案多”問題。《民法典》的正確實施預計將帶來民事案件數量的進一步攀升。“案多人少”緣起於法官員額制改革在短期內引發的“人少”。本次修法集中於“人”以及“人案關係”的程序簡化，“案”較為遺憾地在本論修法中失語。在法官員額短期內無法驟增，而當事人民事程序權利保障尚不充分的背景下，最大限度整合解决“案多”，是科學化解“案多人少”的必由之路。

Litigation explosion and ''more cases and fewer judges'' are the intuitive feelings of Chinese judges, and have gradually become the focus and basis of theoretical circles. Although ''litigation explosion'' can be statistically supported, it does not constitute the main reason for ''more cases and fewer judges''. Compared with German data, there is no significant problem of ''more cases'' in China. The correct implementation of the civil code is expected to lead to a further increase in the number of civil cases. ''More cases and fewer judges'' stems from the ''fewer people'' caused by the reform of the judge post system in the short term. This amendment focuses on the simplification of ''person'' and ''relationship between person and case''. Unfortunately, the ''case'' is silent in this amendment. Under the background that the number of judge posts can not be increased in a short time, and the protection of civil procedural rights of the parties is not enough, to integrate and solve ''many cases'' to the greatest extent is an ideal solution to solve ''many cases and few people'' scientifically.