On Steps In Trial System Of Civil Proceedings

Steps in trial is a basic system of the judicial system. It embodies and safeguards the fundamental idea of fairness, efficiency and stability of procedure system. The purpose of establishing steps in trial system is to provide remedy approaches against courts'unfair judges for the parties concerned. This will fulfill fairness of lawsuit and justice of procedure. Meanwhile, establishing steps in trial system can also fulfill uniformity and authenticity of the justice. Steps in trial system is an integral structure which includes the value base of installing steps in trial system, the concretely installing steps in trial system, controlling the scale of courts of final instance, distributing functions and powers of all courts of all steps and the junction between steps in trial system and retrial system. Scientifically and reasonably installing steps in trial system will lead to perfecting the civil proceedings procedure system to a great extent.By reviewing the steps in civil trial system of other advanced countries in legal system, this paper overviews the reality of our country's steps in trial system, and analyses the shortcomings and unreasonable points. Thus, based on the principles of contemporary steps in trial system, experiences of western countries and our conditions, this paper puts forward some reformatory advices for the reconstruction of our country's steps in trial system as follows: we need to install the steps structure of 4- step & third–trial system; to establish diversified steps in trial system according to different types of cases; to re-define the natures and functions of 4-step courts and adjust the functions and powers of courts of all steps by this way; to regulate the retrial procedure and strictly restrict the initiation of retrial procedure at the same time as reconstructing steps in trial system.