Reconstruction Of Civil Trial System Concept

The trial grade system in the civil procedure is a system in which a civil case will not get the final established fact until it goes through two instances trials. The trial grade system is a fundamental procedural system related closely to the judicatae in the judicial system of China. In the world, the concrete contents and the key functions of the trial grade system are all provided by the legislations. Different trial grade systems, a case will get the final words when it goes through two instances trials or three instances are provided according to different backgrounds of different countries. Only when the trial grade system is decided can the authority of justice be assured. It is the fact that the establishment of trial grade system as well as the exertion of it function influence the fairness and authority of trial. On the basis of the comparative research as well as our experiences, the article proposes the re-establishment of trial grade system of China.There are four parts of this article.The first part is about the trial grade systems abroad. Several main continental system countries' trial grade systems are introduced and compared.The second part is concerned with the development, the current situation and some thoughts of the trial grade systems in China. In this part, the history, the current situation, the retrial system and the trial committee system in China will be discussed.The third part is some proposals for the re-establishment of the trial grade system in China. In order to adjust the shortcomings of the current trial grade system, the reform is necessary. The article proposes that we should, on the basis of three trial grades system, establish the one trial grade and two trial grades system according to different cases at the same time. The contents of the first trial instance, the second trial instance and the third trial instance will be all researched in this part.The forth part is related to introduction of the concerned systems of three trial grades system. Because of the importance of the trial grade system, the reform of this system will definitely result in the changes of related systems. As to opinions of the author, we should revise the retrial system in China at the same time of establishing judge expert consulted committer to replace the trial committee system during the process of establishing three trial grade system.