Civil Trial-level System Of Study

The system for finalization is an important content of the judicial system. Because the national condition and culture are different in different countries, the patterns of judicial tier systems are varied from each other. Altogether there are three kinds: the system of court of first instance being that of last instance, the system of court of second instance being that of last instance and the system of court of third instance being that of last instance.The valuation and basic ideal of the designation of all the patterns of judicial tier systems should embody the requirement of justice, efficiency and economy. Seeing from the history of the development of judicial tier system in China and foreign countries, the civil judicial tier system, which is an indispensable part of the whole judicial tier system, reflects the requirement of justice, affiance and economy at various levels.Chinese current system of court of second instance being that of last instance was established in 1954. Its nearly fifty years' practice proved that it's basically fit for Chinese condition, but it has some problems and needs improvement. The following are its main disadvantages: i) The trial level of the intermediate court, which is the court of the last instance, is low comparatively, it has some difficulty in correcting the unjust first instance judgment; ii) The first and second instance courts are located nearly and have business relationship. So they are emotionally close to each other; Which will make the second instance court have prejudice and believe the first instance court easily; iii) The low tier of the last instance court will provide convenient condition for the botulism; iv) The higher tier courts back of the experience dealing with cases, it's hard for them to supervise and direct the lover courts; v) Too many starting of the retrial procedures make the system of court of second instance being that of last instance exist in name only.In view of the disadvantages in Chinese civil system of court of second instance being that of last instance, the author think China should stick to the system of court of second instance being that of last instance, on the precondition of this, the system of court of third instance being that of last instance can be supplemented to realize the goal of justice, efficiency and economy. We should use western countries' legislative experience for reference to establish Chinese conditional system of court of third instance being that at last instance, its main content include: the scope of the third instance appellate case should have clear stipulation; the third instance is law trial and written trial; to carry out the conditional bypass the immediate leadership appellate system; to control the starting of retrial procedure striating and so on. ?...