On The Construction Of Final Appeal, The System Of Civil Litigation Of First Instance

The harmonious unity of Justice and judicial efficiency is the eternal theme of modern judicial, and the common goal of the both of the fairness and efficiency is to fully achieve justice in the most economical way with the minimum expenditure, which is also the core value of part of the implementation of limited civil cases of first instance final. A good trial-level system must be targeted in the strike a balance between fairness and efficiency, and To achieve the unity of justice and efficiency, but to achieve that balance is not necessarily set the trial level through the series.Through the well-regulated system, the restrictions of the scope, the establishment of monitoring systems and other methods can also obtain a targeted balance between fairness and efficiency under a system of first instance court of final. Therefore, I believe, in our current legal environment, the implementation of some limited cases of first instance final action is undoubtedly ease the pressure, improve judicial efficiency, promote the establishment of social credit as a good solution.This body consists of four parts:The first part is the basic theory of first instance final appeal system. Firstly, to define the name, the concept and the value of the first trial and the final, then discuss it with the civil trial level system relationships.The second part is to analyze the first instance court of final system of Taiwan, Germany, and Japan which is the typical countries or regions of the two legal systems in the method by comparison. Although development and establishment of the first instance court of final system of two legal systems are different, states code of civil procedure of final appeal in the first instance procedure for absorbing the advantages each way, show some convergence.The third part is to analyze the present situation of civil trial level of our country and the realities of the system, and the barriers to implement the first instance court of final under the trial level of the existing system.The fourth part is from the three aspects to analyze the necessity of partly achieve, and from the five aspects to the reality of the feasibility of the first instance court of final. And analyze the related to the system under present system which is the similar to first instance court of final, and focuses on analyzing the relevant theory and application in our various district courts of small claims, to illustrate the possibilities to implement first instance court of final in some civil case of our grass-roots people's court.