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On The Reform Of Trial Grade System In China

Posted on:2011-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:J KuangFull Text:PDF
GTID:2166330332479560Subject:Law
Abstract/Summary:PDF Full Text Request
Trial-level system is china's judicial proceedings in the field of one of important institutions. In china, the people's court is the essence of judicial adjudication. In china, the people's court for a judicial adjudication, all the core of the civil litigation cases are required to the trial courts at various levels, the people's court shall make a final decision. People's courts at different levels of hierarchy level and scope of the trial judge to the hearing of the process and in result, people court action the allocation of resources and setting all kinds of proceedings. Trial-level system is based on different levels by the trial court level, and the trial between constructions of the scope of the basic elements of its system. If the establishment of a system of science, so will the promotion of the people's court has hear the case of impartiality and the resources distribution of rationality, and upholds judicial justice. On the contrary, it will lead to hearing of the justice lawsuit, a waste of resources and the efficiency is low. Therefore, trial-level system of the building is very important foundation.. Currently, the world-class system of internal audit is the mainstream of the three tiered system that is the general need to go through trials.Three levels of court hearing is final and different levels of trial courts with different functions. Whether the law is civil law States, Germany and Japan, are common law or the United Kingdom, the United States, without exception, the trial-level systems have implemented three-tiered System Degree, we can see the three tiered system in a strong influence on the world. However, due to various historical reasons, long after the founding of our country Period of time, learn from the Soviet legal system more than the legal system, coupled with the weak foundation of our legal system constraints and other objective conditions. Objectively speaking, the system of the two trial system set the legal construction in China played an important role early. But as the political, economic, and cultural changes in the development of objective factors, the two trial system has no law change to adapt to the current judicial practice of growing needs.21st century is an effort dedicated to building socialism with Chinese characteristics meaning the rule of law in the country, the interests of justice, rule of law and other concepts have been popular, and became the legal system of our time building a top priority. However, the system of two-trial system under construction, in fact, the first instance final system, the local protectionism,judicial corruption and other undesirable phenomena are emerging, which seriously affected the fairness of the judicial system and the process of social construction. This article mainly through the ranks with the basic concept of the country level, the system of the development of the current thread and the level of our reform of necessity and practicability and introduce and explain to our country is currently discussing the level of the reform of the system of some of my own opinions and suggestions.
Keywords/Search Tags:reform of the trial-level, two-tiered system, three trial system
PDF Full Text Request
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