| The civil-trial-level system, important part of the judical system in a country, reflects the value concept of justice, efficiency and stability and plays the basic role in the civil procedure system.The civil first-instance-being-the-final-instance system is the judicial system which come into force immediately after arbitration of civil disputes made by first level law court.First-instance- being-the-final-instance system, as the complementary trial level system of second-instance- being-the-final-instance system, is relatively imperfect on the legislation of China and its specification is simple, scattered and full of problems.Hence, it is imperative to improve the civil first-instance- being-the-final-instance system. This article is to discuses how to improve first-instance- being-the-final-instance system according to the mature legislative experience worldwide. This article is divided into four parts:PartⅠ, Expound the basic concept and characteristics of the civil first-instance-being-the-final-instance system; summarize the characteristic of abroad legislation by the observing and studying abroad relevant legislation.PartⅡ, Firstly, elaborate the types of case, trial procedures and remedies of first-instance- being-the-final-instance system in China's active legislation. Secondly, inspect current operational situation of first-instance-being-the-final-instance system during judicial practice.PartⅢ, deeply analyze the problems of first-instance- being-the-final-instance system in respect of legislation style, the division of functions of trial count, the types of applicable cases, trial procedures and remedies.PartⅣ, Firstly, explicit the necessity of improvement of the civil first-instance-being-the-final-instance system.Secondly, provide specific and operational suggestion to types of applicable cases, cases trial procedures and remedies according to take advantages of judiciary of extra-territorial as well as analyzing problems. |
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