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Our Civil Trial Class System research

Author: ChenZhiMin
Tutor: SangBenQian
School: Shandong University
Course: Legal
Keywords: The three-trial system Final Appeal of the second trial The trial-level system the retrial system
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 75
Quote: 1
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Abstract


The theory of the effectiveness of the administration of justice system is a basic theory of litigation law. Whether the validity of judgment is steady, fair or effective is closely related to the system of it .The trial-level system is the reflection and application of the validity of jurisdiction in law. No matter what the pattern of the judicial procedure is, the value and basic idea of law should be fair, efficient and beneficial. Whether this system is reasonable is relevant to the credibility of the referee and the cost of judicature. Different countries or regions have different patterns because of the differences in national situations and legal cultures. The models of the trial-level system are not the same, mainly including the system of Final Appeal of the first trial, the system of Final Appeal of the second trial and the system of Final of the third trial. From the development of the law in the ancient and modern trial-level system, the three-level system reflects the requirements of litigious fairness, efficiency and benefit. The effectiveness of the administration of justice system with Chinese characteristics should overthrow two final trials, and establish a multi-instance system, that is, the system of Final Appeal of the first trial, the system of Final Appeal of the second trial and the system of Final of the third trial. The paper is divided into introduction, text and conclusion. The body will comprise seven chapters: ChapterⅠstates the principles and purpose of the trial-level system, and the basic concept and function are discussed in it; ChapterⅡexpounds trial-level systems in foreign countries, such as the United States, Japan, Germany and other countries and their merits in the trial-level system; ChapterⅢsets forth the evolution of China’s trial-level system and the existing defects in it ,meanwhile this chapter also analyzes the trial-level system and criticizes the current system-level functions from the trial, and relief mechanism since the founding of New China; In chapterⅣthe Economic Analysis of the trial system is in place and discuss its superiority. This chapter analyzes the economic dimensions of this argument; ChapterⅤstates the establishment of a limited three goals and values trends of the trial system. What kind of goals should trial-level system reform have? How does its value trend decide? This chapter analyzes and demonstrates these questions; ChapterⅥmakes us think over the limited system of three trials. The current trial-level judicial system has been unable to meet the current needs. How do we build the most realistic trial-level system? After the analysis, the author proposes establishing a limited final appeal system of three trials; ChapterⅦstates the convergence of systems related to the trial system with three issues. Establishing a limited system needs to reform the original re-trial, the first trial, the trial-level systems of the jurisdiction. This chapter analyzes it under the framework of this construct.

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