| Guided by the basic theory of the function and value of the trial-level system of civil litigation and the technical guarantee of the scientific trial-level system,this paper reviews the current trial-level system of civil litigation and its operation in China.It is believed that there are some problems in the final trial system of civil litigation,such as the inconsistency of the application of law,the breeding of local protectionism,the parties seeking for abnormal relief ways,the convergence of trial functions and the difficulty of adaptation.There are some shortcomings in the conditional system of first instance final adjudication,such as lack of special remedies,lack of norms of informing,abuse of the right of procedure objection and prone to indiscriminate prosecution.Therefore,it is necessary to reconstruct China's civil trial-level system.According to the defects of the current civil litigation trial-level system and its operation,combined with China's national conditions and foreign related systems for reference,this paper puts forward legislative proposals to improve China's trial-level system: the author believes that we should improve the jurisdiction and scope of application of litigation,appropriately endow litigants with the right of procedural choice,set up mediation as pre-process of the small claims and set up supporting measures to perfect our conditional final first trial system;we can construct our conditional system of final trial of third instance by means of delineating the scope of application rationally,establishing discretionary appeal and incidental appeal,establishing initiating subject and procedure scientifically,prohibiting retrial,and dealing well with the relationship with the circuit court and the special court,etc.Finally a trial-level system of civil litigation should be formed,with the final review of the two trials as the main body and conditional first-instance final review and the third-instance final review as the supplement. |
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