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On the civil trial level system

Author: XuZuo
Tutor: YangXiuQing
School: China University of Political Science
Course: Procedural Law
Keywords: Trial System First Instance Court of Final Three tiered Retrial Procedure
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 87
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Abstract


Civil Trial System as an important part of the Civil Procedure Law , the rationalization of its settings directly affects the fairness hearing cases and social effectiveness of resource allocation . To ensure the case to the fair, efficient , we need to study and discuss the trial -level regime . In addition to this preface and conclusion, is divided into three chapters. Chapter trial level system overview. Respectively, from the trial level connotation of the system , the value of the objectives and functions of three parts begin introduction. Trial System refers to a number of relevant provisions of the court hierarchy settings and with suitable instituted court proceedings in specific cases can be experienced after a number of trials and court cases levels of institutional norms . Trial level system as a part of the proceedings , it is set just need to follow the proceedings , the efficiency value , the trial level system of each country to establish two values ​​are the result of the overall balance . Trial System function is to enable the court referee as close as possible and reach the legal requirement of fairness and justice , to the parties a just remedy and thus legally and quickly resolve civil disputes , establish courts and judicial powers in the population of authority , while ensuring uniform application of the law . The first chapter of the theory summarized as below on the trial level system to provide a theoretical basis for the improvement . Chapter II Trial System Comparison of the relevant provisions . Through the major Western countries and China's current court system set up in the Civil Procedure Law , the specific instance system settings, and the Supreme Court of Appeal limits the scope and admissibility of appeals trial function analysis and comparison of the four angles , to understand China and Western countries on the system requirements differences , and to detect abuses of the system of trial level and the lack of a comprehensive reform of the system of trial level and needs. The third chapter of our trial level Perfection thinking . By drawing on the rationalization of major Western countries experienced trial level system settings , combined with China's national conditions of our country trial level system adjustments to make the following ideas : first, to reform the existing system under the jurisdiction of the court level , the grassroots people's courts of first instance jurisdiction identified as simple cases and small claims cases , the Intermediate People's Court of the first instance court as an ordinary case of simple cases and the first appellate court to cancel Higher People's Court and the Supreme People 's original jurisdiction ; followed by final judgment of first instance for small claims ; again to two tiered established on the basis of conditional three tiered system specification filed three interlocutory restrictions and grounds of appeal , allowing part of the case into three trial process. Meanwhile, the trial of the third trial practice law , the law applicable to strengthen unity ; finally reformed in order to protect the trial level system with retrial system effective convergence , as well as on the main retrial retrial procedure start condition re-planning , the relaxation of First Instance of Final Appeal retrial condition, strict limits three tiered boot , from the overall improvement of Appeal System .

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