Review And Reconstruction Of Our Civil Trial Grade System

The trial grade system in the civil procedure contains the system of final judgment and court grade and the system of final judgment is the core. The trial grade system is usually divided single-trial grade system and multi-trial grade system. The trial grade system in China, which formally established the four-tier courts, has a long history. After several decades practice, it is certified that the four-tier courts and second-trial final verdict system meets the real situation of our nation and in keeping with the social development of our nation. However, with the development and the transformation of our social, the social structure faces new differentiation and combination, such as function of current trial grade system is disordered in trial practice; unrestricted of the appeal condition; and unlimited expansion of re-trail; current trial grade system is not conductive to the uniform application of the law; current trial grade system can not meet the trend that cases types are diversity well; it is against trial independence to make the civil trial grade relations administrative; actually, current trial grade system causes local protectionism; From a grassroots court judge's point of view, based on a large number of empirical data and research, we must re-establish the civil trial grade system of China, and we should set up the three grade system:the first instance,for a particular simple civil cases such as a small truly litigation, establishing the first instance system of trial; the second instance, for general civil cases, establishing the second instance system of trial; the third instance, to major difficulty and cross area of local protectionism cases, establishing the third instance system of trial. At the same time, it should be aimed at overcharging lawsuit cases and setting a corresponding punishment mechanism, transforming the current civil procedure etc.