Research On The Reform And Improvement Of The Civil Litigation Review System In China

The effectiveness of the administration of justice and application of the theory embodied in law is the Court Hearing System. The level of credibility of the judiciary and Judicial Costs is decided by the layout of Court Hearing System. Different countries and regions' trial Class System around the world differ from each other for many differences of culture, history and legal culture, however, the core value of different country 'layout are two aspects, justice and efficiency, the current Court Hearing System around the world are trial by Last Instance, two trial system, three-tiered System.This article is based on our current two-tiered System in the civil procedure system,beginning from years of judicial practice of our country and according to the basic concept of modern civil procedure. Comparative analysis is the main method of the research article; our current civil procedure system is compared with the civil procedure system in other countries in this paper and the writer would raise a simple idea to reform and improve our country's current Court Hearing System.In addition to the introduction and the research conclusion, the article four chapters:The first chapter, it is from the basic targeting the civil procedure system and elaborates function and value of the system. It expounds the function of guarantee the unification of the law and the value orientation of justice and efficiency, highlights that the setting of the trial grade system ‘aim is to guarantee the unification of the law and realization of trial efficiency and trial results, ultimately it can relieve and resolve disputes between the parties and safeguard the legitimate rights and interests of the parties in the maximum. These aren't only just our country pursues, but also pursued by the other countries in the world.The second chapter,his paper expounds the existing four level of court in our country level settings, the current "as the principle of final appeal, the first trial final appeal for the exception of civil trial grade system, and the advantages and characteristics of the system. Then, it finds that many disadvantages, such as Judicial function convergence, difficulty to adapt to diverse case, disunity of Law application and so on. It analyzed the disadvantages are respectively resulted by the start first trial cases of four levels of courts, diversification of the cases, the low level of the court of final appeal, the retrial procedure, easy starting to retrial, administrative system of court system.The third chapter, it analyzes the foreign typical of the civil procedure system and its characteristics, advantages with the method of comparison. The author begins from The trial level system of the first instance and the third, jurisdiction of the foreign court and the function of foreign Supreme Court Justice and the author explores some of the issues on the reform and improvement of China's civil litigation system well-directed.The fourth chapter, it according to the third chapter explains the necessity of reforming and improving our current civil procedure system and raise a simple idea to reform and improve our country's Court Hearing System from reality. First of all, the author analyzes the necessity of the reform and perfection of the trial grade system of civil action in our country. Then, the author position courts, judges in the judicial system from the functional aspects of re positioning. It extends our existing system of the second instance being the final of trial grade system to the reform and perfection of trial grade system of the two-tier appellate principle, and conditions of first instance final, conditions of the three trial final for exceptions and the paper raises the concrete implementation plan of reform and improvement.