Comments On Trial Level System Of Our Country

Trial level system is an important part of a country's judicial system and one of the basic systems of the judicial system; it shows and safeguards fairness, efficiency and stability of procedure system. The aim of establishing trial level system is to offer a remedy way for the parties to against the courts'unfair judges, which will achieve fairness of lawsuit and justice of procedure.From the perspective of the Civil Procedure system, the confirming of trial level system means the overall framework structure of the civil procedure is also determined. So, the science and rationality of trial level system determines the degree of the Civil Procedure system to a large extent.Setting a system is bound to take into account the interdependence of the social foundation and its actual conditions, our two-tiered class system civil trial was established on the actual conditions, and it had been proved that it was consistent with its basic social and economic conditions at that time and played a certain positive role. However, with our reform of political and economic system, new interest groups appear and social relations become increasingly complex, the number of civil cases that the People's Court accepted is increasing sharply, and also increasing complex, so the shortages of our two-tiered class system civil trial is growing obviously, such as: the trial level system is too single to adapt to the complexity of cases; the level of final trial is too low, so it is difficult to guarantee the quality of trials; retrial procedure is abused unlimitedly, and it is threatening the stability of the structure of the trial level; the uniform application of law can not be guaranteed; local protectionism is serious, and the function of each trial level is chaotic and so on. In order to make settlement procedures of economic disputes correspond with the rules of developing economic, the reforming the existing civil trial level system is imperative.By analyzing deeply the reality and shortages of our trial level system, reviewing trial level systems of western countries, absorbing advanced experiences of western countries and combining with the real conditions of our country, this paper analyses the necessity of reformation of our trial level system and some rules of reformation, and puts forward some advices:adding the third-trial system; using different trial level system for different types of cases; rationally readjusting courts of all steps; setting itinerant courts of the Supreme Court and restricting the initiation of the retrial procedure.