Study On The Trial Method Of The Second Trial Procedure In China’s Civil Litigation

The second trial procedure in China’s civil litigation is an appeal trial procedure with error correction,unified law application and legal supervision.The setting of specific procedural rules is very important.The choice of the trial method may seem small but significant.In China,the "Civil Procedure Law" establishes the principle of application of the trial method of "taking trial as the principle and non-trial trial as the exception",and the trend of strict restriction on the application of non-trial trial has also formed in judicial practice.However,in the context of litigation explosion,the rapidly growing litigation cases have placed higher demands on the litigation economy and litigation efficiency.The application of the current trial method cannot meet the increased demand.Therefore,it is of great significance to explore the second instance trial method in China.In order to explore the optimization of the second-instance trial method,we start with the basic theory of the conduct of judgment,trial in court and non-trial trial.On this basis,the characteristics of the second trial in China are described.To lay the foundation for the specific discussion of the second trial of civil trial in China belowAfterwards,the status quo of the second-instance trial method was investigated from the legislative and judicial levels,the relevant legislative provisions were combed,and through the case retrieval and data analysis,the obvious characteristics of the application of the second-instance trial method in China’s civil litigation were summarized.And summed up the problems that need to be solved in the secondinstance trial method of our country for subsequent solutions.In order to deeply explore the current status of the application of the second-instance trial methods in China,this article explore the reasons for the status quo from the following six aspects: the legal tradition and legislation in China,the development trend of world civil litigation,the measurement of the judicial value pursued,the nature and function of the secondinstance proceedings in China,and the development of litigation mode and insufficient attention to the trial method in China.To learn from the experience of the selection and application of trial methods in appeals outside the territory,the relevant systems of the trial methods in Germany,Japan,Britain,the United States were investigated,and the specific parts that can be used for reference by China were summarized.To Provide important guidance for the improvement of the second instance of civil trial in China.Finally,aiming at the problems existing in China’s second-instance trial method,combined with the enlightenment of the extraterritorial state system to China,we put forward corresponding improvement suggestions.Based on the current situation,it can provide perfect measures for reference in the selection and application of the second instance trial method in China.