Research On Structuring Of The Court Of Third Instance Being The Final Instance In Civil Procedure

The system of trail level is very important in civil procedure for it's two basic functions of remedying wrong judgment and unifying the view of law. Scientific system of trial level not only can help to try civil cases equitably and safeguard citizen's rights and interests, but also can help to apply law uniformly and safeguard the judicial authority. The author examined the system of court of second instance being the final instance and believed it is fails to fulfill demand on civil procedure in practice that the system of court of second instance being the final instance had several disadvantages such as the weakening function of procedure of second instance, the lower perception of judicature,the hard unification of application to law and the dissatisfaction of parties with remedial procedure, etc. The author demonstrated through the points of view of fundamental theories,judicial foundation,social conditions and organization of courts that it is feasible and practicable to establish the system of the court of third instance being the final instance ,which based on the judicial situation of our own country,innate character regulation of system of trial level and using for reference to the system of trial level and measures of legal reformation in resent years from other countries and regions, and than the author puts forward the proposal for basic structure of the system of the court of third instance being the final instance which includes characteristic orientation of procedure of third instance,limitation to appeal,conditions and examination of appeal,trial mode,. the system of appeal by skipping trial level and the form of judgment and ruling, etc . considering relations of procedure of different trial level ,the author also expatiates on system of dispute resolution matching to the system of the court of third instance being the...