Rethink Of Chinese Trial System Of Civil Litigation

Trial-level system as the basic trial system props up procedural framework for trialing. It has very important significance and rich function to the trial independence and justice. The generation and setting of the trial system are closely connected with justice and efficiency that the contradiction in concentrated to find a reasonable balance between them. As Chinese economic system has undergone significant changes, the second trial final judgment; which exists with original planned economy system has faced a serious crisis of fairness and effectiveness, and the current trial system appeared parts from settings and justice efficiency basic concept. It is imperative to reform the existing system. This article analyzes the current system flaw, take example by original institutional settings, formed some conception on Chinese trial system of the civil litigation. This paper is divided into four chapters, the first chapter introduction section is about trial-level system in civil litigation, referring to the problems of the present research situation. It introduces the research significance of this subject. The second chapter discusses settings based and value goal of the trial-level system, which safeguard judicial authority and has the function of unity. This chapter trys to clarify the relations and differences between administrative executive power and judicial power. The third chapter lists a series of defects in the system.Chapter 4 puts forward several suggestions on improving the current trial-level system:when determining the premise of judicial independence, conditional applicable in the system, the third trial final judgment for the principle, simple procedure and second trial for exceptions appeal and retrial procedure, limiting the start of retrial procedure, reduce involving lawsuit petitions.In order to defend judicial power, we must fundamentally improve the transparency of trial work,and try to dispel people's petition-psychology.