Reflection And Reconstruction Of The System Of Instances Of Civil Action

The system of instance, which acts as the basic framework sustaining the system of civil action, is an important portion of judicial system. At present, judicial reform is taking place in China. Both judicial justice and judicial efficiency have been focuses heatedly discussed in theoretical circle. They are also the fundamental goals of the reform and the standards for the reform on the system of instance. The current system of civil instance, the second instance being the final instance, is unable to meet the demand of various civil cases because of its unreasonableness. Therefore, the author analyzes and reflects on the system of civil instance and puts forward some ideas for reconstructing the system of civil instance so as to be helpful to the judicial reform in the civil field.The thesis is composed of three sections, introduction, text and epilogue. The text includes the four parts as follows. The first part is the general introduction of the system of instance of civil action, which mainly researches on the basic problem of the system and reveals the fundamental principles of the system. The second part is the comparative study of the system of instance. The regulations on the system of instance of civil action in foreign countries are introduced and evaluated so as to be helpful the reconstruction of the system of instance in China. The third part is the reflection on the system in China. The current situation and the defects of the existing system of instance in China are introduced and the direction for the reform on the system of instance is determined in this part. The forth part is the reconstruction of the system of instance of civil action in China. The specific suggestions of improvement are put forward in order to be helpful to the reform in this field and contribute to the reconstruction of the system of instance which is adaptable to the situation in our country as soon as possible.