On Reconstructing Of Criminal Trial-Grade System In China

The Trial-Grade System is an important part of the judicial system. That is specified by the court on the judicial procedure, which divided the grade of the organization and go through a few grades up to the courts. The Trial-Grade System reflects the basic concept of procedural justice, and is the protection of the trial procedural justice and the efficiency. Many countries have passed legislation to explain the trial- grade system and the basic functions. So there are different trial-grade systems: the first-trial system, two-trial system, three-tiered system, or multi-grade system of trial. Contrasted by the trial in advanced countries, we can see that the trial grade of the existing system of criminal proceedings play an important and efficiency role, but with the development of the times, old trial system show its shortcomings. In practice, many abuses occurred, the trial has been seriously hampered the normal functioning grade system. In the article, the author analysis with the drawbacks of the current system of criminal trial grade, made a more detailed discussion of a multi- grade system, went through the history and current situation, examined other rule of law abroad, and based on the principle of the modern trial grade system, the experience of western countries and Chinese actual situation. At last, the author constructed an idea to reform the Chinese system of trial- grade preliminary: for the different types of cases, use five two-tiered and five three-tiered parallel multi-grade Criminal Judicial System .To construct such an ideal system for the trial grade, the author presented some specific ideas to support the system.