Study Of Trail-level Court System

In this paper, the Marxism view of law as a guide, the use of semantic analysis, historical analysis, comparative analysis, structural analysis, specification analysis and other research methods, trial-level court system, trying to explain the general theoretical issues, trying to be able to the trial court level reform theory and practice provide a basis for the operation of the fulcrum, in order to enrich the trial court level reform of the system theory, the trial court level reform to promote the theory and practice of reasonable feasibility. According to this idea of writing ,this paper is divided into four chapters.The first chapter, the trial-level court system of general inspection. Trial-level court system is an important part of the judicial system, is a law of the State's judicial system in the vertical organization on the level of division and litigation through several stages of the court, the Court ruled the system of legal effect immediately. Trial-level court system, the performance of two dominant features. On the one hand, to ensure the objectivity of judgments of Justice judge. On the other hand, to uphold the law of value system. Trial-level court system, the implicit function is to achieve social control. Trial-level court system of social control mechanism can be summarized into two aspects, namely, the legal authority and the combination of judicial conduct, legal and judicial systems, the value of the combination. And legislative power, executive power compared to the judicial power and its manifestations - including the trial-level court system, including the judicial system, the legitimacy of social control is based on the limitations of democracy and judicial power to overcome the limitations of democracy. Function of the trial-level court system requires certain conditions to achieve. First, the social diversity of structure; Second,rational system of justice; Third, the operation of justice technology; Fourth, the judge's professionalism.Chapterâ…¡, the trial court level system of Comparative Law.Strengthening of the judicial authority of the central government, the facts and legal issues the decision of the separation ,formal legal reasoning, professional group of judges contributed to the emergence of the trial-level court system has been established in Western countries take the lead and gradually the formation of the current trial-level court system, the basic outlook. In the court system, it can be divided into two types, namely, unitary state court system and federal state court system. Characterized as two main aspects: First, the Supreme Court power of final adjudication, the second is the Court to become the central and local power structure between "governor." In setting the trial level, the characteristics can be summarized in four aspects: First, a wide range of trial-level institutional system; second is the third trial for legal review; Third, both the trial-level functions into the balance between fairness and efficiency; Fourth trial-level institutional arrangements and echoes the basic requirements of the rule of law. Britain and other countries outside the trial court level in the history of the evolution of the existing system landscape concept is the basis of its depth determined, this concept is based on natural law thinking. If not established based on the idea of natural law to the legal form of the concept of rationality and autonomy as a system-oriented, the state trial-level system of national courts is difficult to get public recognition and become absorbed in other countries the system of reference samples.Chapterâ…¢, the Chinese system of trial-level court review and reflection. The establishment of the late Qing to the Republic of the three final pre-trial system, a trial-level court system of modern originator. In the revolutionary base period and the initial period after the founding of the Chinese Communist Party and the Marxist concept of state law concept as a guide, the trial-level court system, to explore practical and innovative attempt to establish a second trial final system. In the consolidation of the proletarian revolutionary regime, in order to maintain the people's democratic dictatorship played a positive role, so that after the founding of the revolutionary base period and the initial trial-level court system, showing a unique historical features and impact so far. After the founding of the former Soviet Union, including the legal and trial-level court system, including the judicial system on trial-level court system in our current role in the performance of a sample of five. One is to completely negate the old court system, and second, to establish the nature and task of the people's court and the third is the trial-level set, the four-level functions of the trial division of the Court, five is the final judgment's understanding of res judicata. Meanwhile, China has an ancient tradition of trial-level judicial meaning of the concept of institutional provisions and its impact on the current court has also become a form of trial-level system one of the variables. By Chapters II and III of this analysis, in a sense can be understood, a state trial-level court system depends on the actual kind of state the following factors. First, differentiation of social structure, and second, the right to cultural traditions, the three legal ways of thinking, four is the concept of due process.Chapterâ…£, the trial-level courts in China improve the system. Trial-level courts in China improve the system power is: First, the current trial-level court system dysfunction, and second, to enhance the ability of civil rights demands and the third is the judicial system of the era of globalization of competition, the four is socialism legal system with Chinese characteristics.The existing system of trial-level court decision to the improvement of power system of trial-level court to establish a sound basis points in the form of rationality rather than substantive rationality first priority, which requires a correct understanding of both forms of rationality and substantive rationality of the relationship between the shape, but also to fully understand the to form a reasonable sense of the priority of justice. Specifically, one is to uphold the authority of the law; the second is the social behavior of members of society to provide a rational expectations; three civil rights for the maintenance and development of the system space. Significance of the above three aspects can be summarized as judicial members of the community to enhance confidence in the administration of justice, more fully realized the trial-level court system of social control function. To this end, the current trial-level court system, the improvement framework can be summarized as, on the one hand, the establishment of trial final appeal system, second and third review final system the coexistence of diverse final system-level trial court system of systems; the other hand, should correctly understand and deal good judicial ideology and judicial techniques, deepening the rule of law and simplify the rule of law, judicial efficiency and judicial resources, the relationship between the trial court a reasonable division of four-level functions.In this conclusion section, I believe that the trial court level in order to ensure the improvement of the system to receive the expected results, for the trial-level court system have an important impact on improving the process to sort out the relevant factors, the trial court level in order for the reform of the system into more rational thinking. First, the correct understanding of the trial-level court system, the system features that are hosted, and second, to guide the people and social groups to develop a formal legal awareness of judges and legal thinking and the third is fully consider the public trial-level court system reform on the cost of capacity, fourth is reasonable to build a business relationship on the lower courts, fifth, groups of judges is to enhance the social credibility.