Problem And Resource Of Chinese Trial Grade System Of Civil Litigation

At present,Chinese trial grade system of civil litigation is the four trial grade system whereby second-instance-being-the-final-instance.It's the end of a case after two trials.The general civil case is the jurisdiction of the basic people's court.Intermediate people's court is the Court of Final Appeal,it is in charge of most cases of second instance.As a profound change in social and economic structure in our country,the number of the civil cases which were accepted by the people's court increased with each passing day.There are serious institutional defects in the course of existing second-instance-being-the-final-instance system operation,with all sorts of malpractices growing.,such as non-uniform of application of law,local protectionism,no last instance,and so on.Theory and practice are strengthened for exploring resource of the trial grade system of civil litigation in our country since the twentieth century.There are many discussions around the future of second-instance-being-the-final-instance system.However,there is not a unified voice on the concrete construction idea.Therefore,this article analyzed the problems existing in Chinese trial grade system of civil litigation to explore the way to solve the problems,by referencing literature materials at home and abroad,and combining the legislation and practice of Chinese trial grade system of civil litigation,The author hope to bring some more detailed design concept for the reform of Chinese trial grade system of civil litigation through this paper,in order to produce beneficial to the reform of the system.This article mainly has a deep discussion on the reform of Chinese trial grade system of civil litigation from four aspects.The first part is about the problems existing in Chinese trial grade system of civil litigation.Then it has carried on a deep analysis of each problem.The second part starts from the development course of Chinese trial grade system of civil litigation since the foundation of the country.Then it analyzed thereasons that why to established the four level trial system whereby second-instance-being-the-final-instance.After that,the author expounded the domestic environment about the reform of the trial grade system of civil litigation.Domestic scholars views about the reform of the trial grade system of civil litigation,the author briefly summarized and observed.The aim is to stripped the knowledge of all irrelevancies,which laying the foundation to put forward the view for the next step.It following expounds the trial grade system of civil litigation of many countries in the world today.There are a lot of advanced experiences in countries outside about the trial grade system,the appeal system,the qualifications of the third appeal and so on.We should learn from their advanced experience.The last part is the focus of this article.The author mainly discussed the resource of Chinese trial grade system of civil litigation.The author suggests to solve the problems existing in Chinese trial grade system of civil litigation from three aspects.In general,we should optimize the sphere of responsibility of the fourth grade courts,and we should balance the trial grade system and the retrial system,then we should keep applying second-instance-being-the-final-instance system with first trial by last instance and three-level trail system,and finally,the goal is to perfect Chinese trial grade system of civil litigation.