On The Instance System Of The Civil Procedure

Instance system, which is, according to law, the function division of accepting and dealing with civil cases and regulating the times of court judges of different grades by which a civil case comes into effect, is one of the basic systems of civil action, and the import contents of civil action law. Ensuring the justice of judicature, pursuing the efficiency of judicature and guaranteeing the unity of judicature, is the essential target of constructing instance system. Concerning their own different elements of history, culture, social and economics, Anglo-American law system, Romano-Germanic family and Tai wan region have built separately instance construct of pyramid, such as the 4-grade third instance of the final, the 3-grade third instance of the final and the 3-grade first instance being the final, however, China's instance system is with the principle of the second instance of the final, and with the adjudication supervision as its supplement, which is with many shortcomings. China, as a result, should draw lessons from the advanced legislative experience of other countries and regions, combining the realities of our country, to construct pluralistic instance system which is with the system of the second instance as the final as its basis, dealing with small amount case by the first instance being the final, and dealing with special types of cases by the third instance as the final, meanwhile, should complete the procedure of the second hearing, seriously limit the start of retrial procedure, and to clarify the nature and function of China's four grades courts.