The Relations Between Civil First Instance And Appeal Trial

With the establishment of China's socialist market economic mechanism, the rapid development of national economy, the improvement of overall national strength and the increasing of Chinese people's living standards, civil trials are of great significance in protecting civil parties' lawful rights, in cracking down on different illegal actions, in effectively adjusting property flow relations, in supporting the orderly progress of economic and social norms. In terms of current actual judicial practices, the functions of civil suits at the first instance and at the second trial can not reflect the original intention of such legislations due to various factors, as well as influence the exertions of civil jurisdictions, accordingly, it is not conducive to the cultivation of public legal opinions, going against the logical development of healthy social economy, obstructing the progress of 'the rule of law'. Therefore, it is suggested that to reorganize the relations between the first instance and the appeal procedure in legislative aspect, which can insure the scientific setting of the first instance, the appeal trial and even the retrial procedure, make the relations of every civil trial to be uniform, combining mutually positive revolving. Namely, establishing final third review system, the high court and above no longer accept the first instance case, and the cases only can be heard on law at the third trial, while under the first and the second instances examination the fact and law can be reviewed together; meanwhile limiting the retrial instance, which can just be run by the high court and can not be reviewed.