To Analyse The System Of Levels For Civil Courts From The Litigation Efficiency

Ruling by law is mostly about the ruling of procedure. Douglas once said: most of the items in the Bill of Rights are procedural,and this point is not meaningless, because it tells the difference between the ruling by law and the wanton ruling by man. The depedent relationship between the procedure and the ruling by law can be seen clearly through his words.The level of trial system is a basic civil litigation system, the bridge to achieve the procedure justice and the foundation to further enhance our country's ruling by law construciton. Our country's present level of trial system in the civil litigation has created some detriments and the disharmony in the system's structure building, which is due to the lack of function theroy over the level of trial system and the thinking over the related civil litigation principles. The latest Civil Litigation Law and the new grade jurisdiction standard are made in order to solve this problem, but at the same time there are new problems appeared, which created the disaccord between the new grade jurisdiction structure and the judicial practice.The emerging and setting of level of trial system is closely related to litigation efficiency this value goal. Litigation efficiency has become a very important measure in evaluating whether a country's level of trial system is scientific and civilized or not. The scientific level of trial system can reach the aim of litigation efficiency. And the litigation efficiency has raised more claims over the level of trial system. Our country's level of trial system has faced an unprecedented efficiency crisis. By studying the history of our country and abroad, we could clearly notice that the theory discussion of the level of trial system and the value evaluation in the practice's level of trial system has been lasted for a long time. In the countries where the ruling by law is already developed or comparatively developed, it is more important to initiate the procedure ruling under the background of this theory.But it is until recently that people inspect the grade jurisdiction structure through litigation efficiency perspective. Through the grade jurisdiction system's litigation culture transformation in the Western countries, we could clearly see the emerging,developing and changing history venation of litigation efficiency as a theory subject and practice content. It is necessary to point out that, no matter it is according to the regulations of the legislation or the theory discussion of the scholars over the grade jurisdiction system, these are only concentrated on the external level over which grade should be used, and people have never discussed fully over the fianl judgement's effect, to which the grade jurisdiction is meant to reach. So, this article suggests that, with the form of first instance to be final judgement, second instance to be final judgement and the third instance to be final judgement, it should always to be served for the final judgement's effect. The final judgement's effect is the basic aim of setting the grade jurisdiction system and the basic meaning of the litigation effect. This article analyzes the grade jurisdiction system's construction theory basis and the value aim and suggests the grade jurisdiction's setting should take the realization of litigation's efficiency as the value aim. Further, it should take the fulfillment of the final judgement effect as the final aim and clearly expresses that the retrial system should be abolished.