On The Status And Future Of Civil Judicial Hierarchy System In China

Judicial hierarchy system refers to the system that a judgment of a civil case is effective after being tried by several different rank courts.The current judicial system of our country is the basic of the system of the second instance as the finality,adding to the civil Retrial.Judicial hierarchy system is an important component of the judiciary system,which is accomplished of the basic system of civil litigations.A determined judicial hierarchy system is the presmine of the finality to a case.In some senses,the setup and operation of judicial hierarchy system influend the realization of the fairness and authority.This thesis is composed of three chapters:The first chapter discourses the formation and the provision of our judicial hierarchy system and analyzes the characters and drawbacks of our judicial hierarchy system, which is the necessity of the reform of our judicial hierarchy system.The second chapter is mainly about the foreign judicial hierarchy systems,which can be favorable to our judicial reforms. The third chapter is about the idea of the reform.Basically,from the start of construction of modern judicial idea,we may set up a multiple judicial hierarchy system.Defining the nature and funcition of the court strictly and setting up first-instance-being-the-final-instance proceeding for cases on minor-amount property dispute of greatness in amount or cases with signification.The second-instance-being-the-final-instance process can be reserved by series reforms.Setting up the restrictionsof the third trial proceeding and enduing some proceeding options to the litigants,adding to reforming the current Retrial System.