The Practical Predicament And Its Solution To The System Of Levels For Civil Courts

This paper tries to analyze the theoretical foundation and the value targets of the civil trial-level system through value analysis methods. and then the thesis presents that the construction of the civil trial-level system should be considered from the following three aspects of the value orientation: First, being beneficial to the maintenance of lawful application; Second, to safeguard to seek a certain balance between judicial justice and judicial efficiency; third, to safeguard judicial finality. Based on the above values, in considering the status of China's civil trial-level system, through use of comparative research methods, learning from some foreign advanced concepts and system of construction of the trial-level system, the authors proposes to construct the multi-level system at trial:"two trial final appeal system"as the mainstay,"restricted one trial final appeal system"and"three trial final appeal system"as the complement; and transforms the second trial and related procedures to give full play to the functions trial-level system.