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Construction of the trial level system of

Author: TianYu
Tutor: ZhangYanRui
School: Central University for Nationalities
Course: Legal
Keywords: the trial-level system legal review the first trial system the second trial system the third trial system
CLC: D925.1
Type: Master's thesis
Year: 2012
Downloads: 77
Quote: 0
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Abstract


The trial level system refers to the level division of the courts of one country and the levels of courts are needed to end the lawsuits. In specific settings, the different of the history and cultural traditions of one’s country lead to the different requirements to its trial level system. By summing up, there are two kinds of the trial level system all around the world:one kind trial level system is the three-trial level system which is majority used by the Anglo-American countries; the other kind of the trial level system the two-trial level system which is majority used in China. No matter what kind of trial-level system are used by the court, the trial level system is designed to correct the possible errors which are made by the lower court, and ultimately to achieve fairness and justice. However, with the rapid changes of the modern society, the national trial level systems are facing problems on the design and practical operation. And impact on the effective operation of the entire judicial system. The two-trial level systems of our country have many drawbacks. The court level is too low lead to the appeal to against the decision and wrapped appeal cases increased year by year. And the final trial cannot be finished; the same cases have the different trial are often happened in the trial practice. It is difficult to guarantee the unity of the justice; a variety of reasons lead to the increase of the litigation costs, which are serious waste of the judicial resources; the diversity of the cases and the complexity of the legal relationship increase the difficulty of the finial trial. The existence of these defects has been serious damage to the fair value of the program, and only rely on the strength of the effectiveness of the proceeding cannot compensate the damage. Therefore, it is necessary to study the foreign trial level system to build our diversity trial system.How to build our diversity trial level system? The author will use the comparative analysis method and the empirical analysis method to build our trial level system. The paper will be divided into four parts to describe the topic. The first part discusses the basic theory of the trial system. Through the analyzed of the basic philosophy of trial level system and the history of the trial level system, we will get a preliminary understand on it. The second part we will search for the root of the defect of our trial level system and show the emergency to reform our trial level system. The third part we will research on the foreign trial system. Through this step we will learn the advanced experience to build our trial level system. The forth part we will explain how to build our trial level system. Through the feasibility analysis of the three-trial level system, and the reform of the one-trial and two-trial level system, we will build more reasonable and effective trial level system.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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