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Reconstruction of Trail Grade System of Civil Litigation Conception

Author: LuJingTai
Tutor: ZhaoZeJun
School: Southwest University of Political Science
Course: Legal
Keywords: The trial level system Final three trial Trial supervision The petition system System construction
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 48
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Abstract


The trial grade system is a judicial procedure system important constituent, is the inner court trial supervision and restriction mechanism, but also can ensure a case tried fairly safeguard mechanism. Trial grade system is in accordance with the provisions of law, different levels of courts and the trial of a civil case function division and a civil case needs through several different levels of court verdict to generate res judicata system. The trial level system design is reasonable or not, related to the judicial justice and judicial authority, ensuring the justice of judicature, pursuing the efficiency of judicature, maintaining the unity of justice, is the essential target of constructing instance system. Anglo-American law system and continental law system as well as the Taiwan area based on their respective historical, cultural, social, economic and other factors in the establishment of the Pyramid trial level structure. This structure was mainly for the four final three trial, three final three trial, three court respectively by the trial court, court of appeal ( also called the first level the reviewing courts, intermediate appellate court ), the Supreme Court ( also called the second level the reviewing court, the court of final appeal ). In the court system, a large number of trial court in the bottom of the Pyramid, a smaller number of court of appeals centered, only the Supreme Court in Pyramid. In the early years of the Republic, China has in some areas to implement the three tiered system, the timely reduce and correct many second verdict, produced positive effect. Later, in order to improve the efficiency of the court case, lower the cost of litigation, change because of the abuse of three trial system bring the parties to appeal to tired, since 1954 the" court" establish the trial level system, the civil litigation of our country begins to execute "with the final trial principle, to trial supervision is complement". Level system. The trial level system continues today, but with the economic development and the changes of situation, the court the number of civil cases and civil disputes increase day together, the content is complex with each passing day, civil conflicts, both from the economic reform and social transformation perspective, our civil litigation law the two trial principle has not adapted to our country civil trial actual need. The second instance being the final instance cease to exist except in name, the court of first instance trial level is too low, the court of second instance shall not end, the procedure for trial supervision set up, have led to the court of judicial impartiality and authority has been questioned, cases and disputes through litigation real resolve to. Douglas said:" it is the second final, the current civil litigation system has completed its glorious historical mission, to construct a new trail grade system of civil litigation is the economic and social development inevitable result, is under the new situation of the growing civil disputes need. How to reconstruct, different scholars have put forward different views, but the three and final judgment has become mainstream. The author thinks we should learn the advanced experience of legislation of western countries, combined with China’s national conditions to socialist judicial system, judicial practice and the civil dispute outstanding contradiction as the basis, establish adapt to China’s judicial system of civil litigation three tiered system.

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