The History And Future Of The System Of Trial Instance In Chinese Civil Procedure

In civil litigation, the juridical result of a court is a kind of directexperience with which the public of a society estimate the judicatorywhich is in equity or not. The juridical result of a court, however, is on thebasis of the cognition about business, the determinant of the fact andapplying law. In which the subject cognition has some localizationbecause of the restrict of a lot of factors, such as time, section, thinking,circumstance, etc. therefore, in impersonality, it causes that the juridicalresult of a court appears errors inevitably in this way or in that waysometimes lapsing from the dispassion and justice intentions of judicatorythat law requires. In order to approach and achieve it to the greatestextent, to present the parties an almsgiving ditch to gain fair and square,each country of all over the world discoveries and rectifies the mistakes byway of stipulating the system of trial instance, to the effect that attendingthe justice of law. Through intercalating the procedure of the system oftrial instance, it can attain the aim of seeking substantiality justness. Insome sense, the system of trial instance is a safety valve whichimplements justness of judicatory procedure. View different countries of litigation patterns in the worldnowadays, which have great diversity one another in history tradition,law civilization and programmer, and have emphasize on the materialtache in the reform of civil procedure, but, there is a striking consistencyin the tendency in the reform of the system of trial instance. Seeing about the form and the reform of the system of trial instanceof every country in the world, we can pick up syllabify a kind of course"from conception to rule ", namely, on the basis of surveying andinvestigating the fault of own trial systems, seeding goal and principle ofreform, outspread the material design of the regulations. If we hold theinnovation course, it can make for our use for reference or replant inreason eye, it can also help to boost our current judicatory reform. Nowadays, there is a lack of pluralism for the system of trialinstance in our country, the two-instance system is popular. Owing tothe unreasonable design on system, it's manifestation is "finaljurisdiction is not final", so that there remain so many retrial cases. Theacademic circle and the judiciary have increasingly concentrated on howto reconstruct the trial grade. As treating revising the law and makinglaw equally by the program of legislation of the 10th bound of people'scongress, as a fact of course, it is urgent to reform the trial grade of civillawsuit. It is very imperative to reconstruct the system of trial instance inour country and to put three-instance system into practice. In the author'sview, it is not negation but makeup and perfect to two-instance system. From the view of comparative law, three-instance system hasalready become universal phenomena allover the world, but everycountry has own style. In our country, the three-instance system will beconditional. Of all the designs about our all courts ' function, the authoragree with Fu Yulin. By full conformity, we should change thecolumniation frame of our courts to pyramid fabric, which materializetheir own function from bottom to top and realize the common aim ofthe system of trial instance of civil procedure in the end.