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Grade System Of China's Civil Trial

Posted on:2011-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:Z X HuangFull Text:PDF
GTID:2196330332469728Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil Appeal System as an important support of civil procedure system is the use of judicial procedures to resolve disputes, the parties the dominant operating system, its structure set related to the trial resource allocation model, the functions of judicial institutions stratified, the Institution Design and reasonable operating mechanism is practical, all of Civil Procedure relating to the process of reform and development. A line with modern legal concepts and principles of the modern system of trial-level trial-level system, the unity of the play to the Supreme Court and other judicial functions of trial courts function and enhance the quality of our trial of civil cases to protect the legitimate rights and interests between the parties has far-reaching practical significance.Our current system is a four-level civil trial two-tiered system, which is the first trial-level system is in line with the specific conditions and socio-economic conditions, and for saving the national judicial resources, timely and clear rights and obligations between the parties, the parties to reduce the economic Ideological burden, reduce tired of First Instance, has a positive effect.However, with the social and economic development, civil litigation presents diverse and complex, difficult cases, the law applicable to the increasing,the shortcomings of the civil trial level system, but also litigation The process of fully exposed, the trial-level system of protection of the rights of citizens, in fact, has lagged behind in social development, the urgent need for institutional reform to adapt to social changes.Trial-level system functions of the basic principles and perspective, and based on the modern concept of civil justice to the value target, While the typical foreign countries through the civil trial level system, In serious reflection and analysis of our current civil trial level system based on the existing problems, improve the level of modern civil trial system, the basic idea is to build a wide range of civil trial level system, Final system will be conditional first trial, three tiered system with the combination of the two tiered system together constitute the country's civil trial level system, while the trial-level system and in accordance with modern requirements of judicial independence, on China's current specific functions of the courts to re- positioning, and supporting measures related to reform, put forward a sound proposal.
Keywords/Search Tags:Civil trial-level system, basic theory, comparative law, diversification, trial function
PDF Full Text Request
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