Theory To Construct Our Country’s Three Trial Civil Lawsuit System

The civil litigation level system is the important content of the civil litigation, it is to reflect the program impartiality and trial efficiency a basic program system, supporting the civil litigation system basic ideas. China’s current level 4 and the system of two instances of the former Soviet union is an imitation of the litigation system, and in reform and opening up at that time before the needs of society to meet, but they cannot satisfy ever-changing market economy needs. Along with the civil litigation types of constantly updated change, level 4 and the system of two instances has gradually lost its rationality, it in the judicial practice abuses in already obvious and, in recent years, due to the civil case appeals and retrial was frequently open, even if the case finally get a fair trial, but has sacrificed the efficiency of lawsuit, "the late justice injustice", it is not only a significant threat to the court’s authority and credibility, but also to protect the legal rights of the party. The system of the science reasonable level can not only make the case through the different levels of the court and therefore makes it have a fair sentence, but also to a higher court to find out the facts of the case, the lower court ruling in the correct order errors, accomplish truly the case in compliance with program legal requirements, meet the reasonable requirements of different parties, resolving conflicts, and improve the efficiency of the trial, and improve the people’s satisfaction. Therefore, our country’s civil lawsuit to reform the system of two instances. This article through to the class system are discussed, including civil trial system concept and function of the level, foreign civil judge level system, and the system of our country civil level, and so on, at the same time, based on the foreign and Taiwan, and the system of three trial about the legislative experience, and according to the current situation of our country’s current legislation to establish the system of three trial, the system of three trial on the feasibility of study, and the system of three trial and its related systems design. This article through the use of literature study and comparison analysis and so on, from the trial, and determines the retrial right realize reasonable check conditions, perfect the current program of the second instance, adopt the conditions and the system of the final and three trial, at the same time, perfect our current trial supervision procedure, constructing the retrial lawsuit.