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Talk About The Our Country Civil Action Level Of Trial System

Posted on:2014-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z ChuFull Text:PDF
GTID:2246330398455910Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil trial level system, as one of the basic litigation system, holds an importantplace in the theoretical circle of all countries. If from the point of view of thephilosophy of think about litigation case-hearing level system problems, socase-hearing level system is the economic base, the lawsuit proceedings related to theprovisions of the superstructure. Economic basis determine superstructure,case-hearing level system is not complete will inevitably lead to legal proceedings. Nomatter from the or the perspective of judicial justice, litigation efficiency case-hearinglevel system of the two plays a decisive role. In China’s civil judicial practice, theexisting of two-tier appellate system gradually presents the disadvantages ofunsustainable.System consideration at this stage in our country’s basic national conditions, to reformand perfect our country civil trial grade system is one of the important subject ofjudicial reform.Using the concept analysis, comparison, analysis and summary induction to therelated theory of civil litigation case-hearing level system objective andcomprehensive analysis.Any build system has not been spared from the time, theinfluence of the historic reasons determines the rationality of the existence of such asystem. First of all, the author to our country civil trial level system of era backgroundand designed for simple introduction.Hope to establish this system through analyzingthe historical era to explore the rationality of its existence, and through thecomparative analysis to explore the transition of the era can lead to system lagsbehind, and to reform the system. Secondly, through summarizing the legal analysisof inductive method, lists the two-tier appellate gradually appears in the operation ofthe system in serious institutional defects."Final not final","local protectionism" and"ask for instructions to report system" is our country faced with the embarrassment of two-tier appellate system running process. Respectively to analyze these problemsfrom different angles, and hope that through the deep, find reform case-hearing levelsystem.Thirdly, through comparative analysis of foreign civil trial level system,surrounding countries to appeal the court’s function localization and limitations wereanalyzed, in order to perfect our country civil trial level system, achieve the purposeof rational allocation of judicial resources.Finally, with the value of civil litigationtarget as the breakthrough point, discusses how to effective to perfect our civillitigation in our country under the background of the judicial trial level system.Trial level system of the reform is not just a simple change the two-tier appellateto SanShen final, different national conditions to a large extent affects the matchingindex of case-hearing level system. Building diversified case-hearing level system isadapt to our country’s basic national conditions, system of concrete cohesion is alsothis paper discusses the main problem, is the innovation of this article.
Keywords/Search Tags:Trial level system, SanShen final, Civillitigation
PDF Full Text Request
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