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On The Reform Of The Trial System Of Civil Litigation In China

Posted on:2018-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:F Y YuanFull Text:PDF
GTID:2346330512959989Subject:Law
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Civil litigation trial level system takes two-instance system with four levels as the main body, because theoretical preparation and experience accumulation are not sufficient at the beginning of the establishment, and the trial level system does not form a unified understanding on concept and value pursuit, so that later in the long-term judicial practice there are many outstanding problems including not end of final appeal, referee variation between regions and repeated-appealing of petition system. This paper, from the analysis of trial level system concept, analyzed the civil litigation trial level system development in our country, comparatively studied rules of two law systems about civil litigation trial grade system, redefined the connotation and denotation of the concept of trial grade system as a systematic, revealed the formation and generation rules of the trial level system of civil litigation. This paper studied the common values under the background of convergence of two law systems in trial level system, and put forward to establish regular first trial jurisdiction courts, three-instance trial system, define the scope of first instance and appeal trial scope.Trial level system and the final system are not the same concept, from the denotation, trial level system should be a systematic concept, final trial system is the most prominent link in the system. Civil litigation trial level system should include the jurisdiction of the court system, first instance of civil cases, upper and lower trial level scope, civil case's final appeal procedure, error correction procedure of final instance.Under the condition of relatively fixed court, first instance in the Court of First Instance under the jurisdiction is the logical starting point for trial level system. The insufficient understanding of the concept for trial level system causes the conflict between our current legislation and judicial, administrative court grade replaces trial level,retrial appeal cases are not reduced and the final program performs no function,local protectionism intervenes judicial, the judicial court's judicial authority encounters huge challenges.In ancient China, the trial level system is complete, and it has retrial and appeal system for judicial organ, realizing the internal supervision between upper and lower trial level; For the parties, they can appeal, and there are no unlimited trial levels,which externally performs the supervision on the upper and lower trial level; And as an effective complement of direct lawsuit system, the parties appeal directly to a higher appeal trial level units by this unconventional way to satisfy the interests pursuit the Chinese people have since ancient time. Through political reform in the late Qing dynasty, three-instance trial level system with four levels began to appear, the Republic of China successively went through Beiyang government and Nanjing government, but"three -instance” "trial level system model was kept. Although in the process of the judicial practice, because of the war, funds, personnel, trial level system has changed,the basic structure of "three-instance" was kept as the basic trial system. The current two-instance trial level with four levels was established after going through legislation and judicial practice such as the existence or abolishment by court in large area,abolishment of final trial procedure and transmission of administrative court to the intermediate court,but there existed disadvantages including insufficient practice experience, ill-prepared theory and the geographical factors.Two law systems represented by Britain, the United States and France, Germany,are different in the specific content of the civil litigation trial level system, but the trial level system exists in the systematic form, and present convergence characteristics in concentrated jurisdiction of first trial, fixed appeals court trial functions, distinguishing the scope of the first trial and appeal trial, setting of three-instance system in high court trial or the Supreme Court. Convergent trial level system of the two law systems reflects the common construction principles, including: maintain procedure independence value, guarantee the efficiency of the program; Realize unified value of Judiciary to guarantee the unity and authority of law enforcement; Guarantee accuracy of judiciary value to ensure the mutual supervision and restriction of upper and lower trial level; Coordinate judicial finality and legitimacy, to achieve the organic combination of final effect of final trial and trial level distribution of final procedure. The structure principle has important guiding significance for reform of the trial level system of civil action.The restructuring of trial level system of civil action should reform the Court of First Instance's jurisdiction to realize the upper and lower levels of court's trial level optimization; Secondly, three-instance trial system with four levels should be restructured, dividing correspondingly into the first trial scope and appeal trial scope to realize the function optimization of upper and lower trial level; Next, retrial procedure of civil affairs should also be reformed to make the retrial regress scope of litigation.Retrial admittance system should be set to maintain the final effect, fundamentally improving the court's judicial credibility.
Keywords/Search Tags:Trial level system, Court of First Instance, Final procedure, Appeal trial scope, Retrial system
PDF Full Text Request
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