当前法院案件数量逐年攀升,特别是民商事案件,部分经济发达地区法院处于“诉讼爆炸”边缘,而员额制改革又将进一步严格限制法官数量。这种情况下,必须依托制度设计改革完善民商事审前程序,更好地发挥审判辅助人员的作用。法官助理是重要的审判辅助人员类型,可以在重构民商事审前程序中承担案件分流的作用,提高民商事案件审前终结率。 At present, the number of court cases has been rising year by year, especially in civil and commercial cases. In some economically developed regions, the courts are on the verge of “litigation explosion”, and the post reform will further severely limit the number of judges. Under such circumstances, we must rely on system design and reform to improve civil and commercial pre-trial procedures and better play the role of adjudicators. Judge’s assistant is an important type of adjudicator. It can take the role of diversion of cases in the process of reconstructing civil and commercial pre-trial, and improve the pre-trial termination rate of civil and commercial cases.