Civil Trial Class System

The tiered judicial system of civil case refers to a legal suit system about the hierarchy of judicial organizations and the procedure of an effective verdict. Establishing the system is to pursue the equal and just verdict so as to realize the equality and justice of law and to find a balance between justice and efficiency so as to realize them to the full extension. The tiered system of our country experienced a transition from the old "4-tier courts and 3-trial final verdict " system to the present "4-tier courts and 2-trial final verdict" system. From the historical and factual point of view, the present system has played an important role before. However, with the development of the socialist market economy system, the social structure of our country is constantly changing and the new interest groups are growing. The situation in china is changing and people's legal awareness, especially their rights-protection awareness is increasing. The civil cases are becoming much more various. The cases about little money even took place. The complicity of cases and the difficulty for applicable clauses are increasing. What is more, many final verdicts have faced retries as special solutions. Repetitions retries bring no good effect and the final try does not mean the end of a case, which ruin the value of the present "4-tier courts and 2-trial final verdict" system.The present system, with its original demerit of no full consideration of the function of the tiered system and with the changes in our country, is exposing many problems in its theoretical base and structure and resulting much malady of legal practices. These include:1. The functions of different tiers of counts are mixed. The modern popular tiered judicial system of civil case applies pyramidal 3-trial final verdict. The 3-trial courts (first trial court, appeal court, and final verdict court) perform different functions. However, 4 tiers of courts in our country can perform the fires-trial function .The intermediate court, which should have been the fires-trial court of common cases, has become the appeal court and final verdict court and thus has arrogated tights of the high levelcourt and the highest court.2. Local protectionism is difficult to be solved and the quality of judiciary is low. The intermediate court and the low level court are in the same administrational prefecture, so there exist close connections between their judicial businesses, judges and other aspects. These prevent correcting the verdict of the low level court effectively. The setting of courts is compatible with that of governments, by governments. This leads to local protectionism. The judges in the intermediate court and the low level court are weak in their theory and practice.3. From the angle of the object of examination , the operation of the present system is in disorder. The objects of the examination of the second trial court cover both facts and application of law clauses. The intermediate court functions as the final verdict court, which leads to the malady of the function of the highest court to unify the national understanding of law clauses.4. Retry takes place again and again. The principle of retry "respect facts and correct any mistakes" is seriously against the civil suit law. Repetitious retries damage the authority of legal verdict and affects people's belief in judiciary.5. Asking for the high level courts' or the leader's opinion before accepting a case is an internal rule in courts . This rule violates independence of judiciary, affects the improvement of the quality of judges and damages suitors' rights.All the demerits seriously disvalue the present system.Though the tiered judicial systems of civil case of the world-wide legal systems are different, they share similar principles and distributional methods of functions.1 . Both of them apply the trial structure of 3-trial verdict. The 3 tries are performed by first trial court, appeal court, and final trial court and the courts take different functions.2. 3-trial final...