Research On The Multiple Trail-level System Of Civil Procedure Law In China

The civil trail-level system means that after several trails by thecourts,which are in different levels, a civil disputation will get a finaldecision which has the judicial effectiveness. Therefore, the closerelationship between the res judicata and the trail-level system determinesthat the trail-level system plays very significant role in civil procedure law.Many countries established trail-level system by legislation and clarified theconception and functions of trail-level system, and then sat the structure ofcourt system. Only in this way, people will see which court has the final sayand its judgments are enforceable. And people would like to believe thejustice and judicial authority.With the increasingly development of market economy, the amount ofcivil disputations have been rapidly increased, and the trait of disputationhas turned to be multiple and complicated. The simplex two final pre-trailsystem appeared many defects when it dealt with the multiple civildisputations. These defects hardly affect the effectiveness of proceeding andthe judicial authority. Referring to “Civil Procedure Law”, this article putsforward some advices for the establishment of diversification trail systemvia researching into fundamental judicial theories and the developedcountries’ judicial practices to solve these defects of the two final pre-trailsystem.Taking effectiveness and the judicial justice into account as two mainfacts, when a country establish its own trail-level system, is the commonrule that most countries insist. This article analyzed the trail-level system’stheories, such as the conception, classification and function of trail-levelsystem, and the advancements of diversification trail system. The article alsosummarized the valuable judicial practices about trail-level system ofseveral representative countries, which are in Civil Law andAnglo-American Law. These judicial practices are very helpful and instructive for our country to perfect the trail-level system.Based on the demonstration of the necessity and feasibility of multipletrail-level system’s establishment, this article propose to establish smallclaim for those cases that subject matter of legislation are less, and toestablish the third-trail procedure for some special cases. At the same time,we should perfect the two final pre-trail system to improve the effectivenessand realize justice.