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Research On The Transformation Of Civil Trial Grade System

Posted on:2015-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:D YuFull Text:PDF
GTID:2296330431457098Subject:Law
Abstract/Summary:PDF Full Text Request
The trial grade system is the exemplification and application of the theory of justice in legal level, no matter what kind of trial-level model, its value orientation or basic concept should reflect the requirements of justice^efficiency and benefit. Whether the design of the trial level system is reasonable is directly related to the credibility of the referee potency and the height of the cost of justice. Because of the differences in condition and legal culture among different countries and region, the models of the trial level system are also not the same, there are first trial grade system、second trial grade system、third trial grade system.This article mainly use the methods of comparison and analysis, based on the reality of China’s judicial building, according to the basic idea of modern civil law, investigate the foreign civil trial grade system and examine our country’s civil trial grade system, put forward initial constructive ideas for the reform of China’s current system of trial grade. The whole article is divided into three parts, introduction、body and conclusion. The body is divided into four parts:The first part is the connotation analysis of civil trial grade system, discoursing the basic concepts and features of the system; The second part is the legislation reference of foreign civil trial grade system, through the analysis the provisions of Germany, France, Japan, Britain and other countries for trial grade system, point out the merits and the place where we can learn from; The third part is the status and causes for our country’s civil trial grade system, this part elaborates the existence of inevitability and disadvantages of current second trial system, foreshadowing for the transformation idea. The fourth part is the transformation idea and feasibility analysis of our country’s civil trial grade system, this part firstly proposed to redefine the nature and functions of the four courts, secondly put forward concrete ideas of third trial grade system, at last investigate the necessity of strictly control to start the retrial procedure. On this basis, discuss the feasibility and application problems about the transform idea in judicial practice; further deepen the understanding of this proposition.
Keywords/Search Tags:trial grade system, second trial grade system, three trial grade system, trialgrade diversification
PDF Full Text Request
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