Grade System of China’s Civil Trial
|School||Guangxi University for Nationalities|
|Keywords||Civil Appeal System Basic theory Problem Diversification Judicial functions|
Civil trial level system as an important support system of the Civil Procedure , the dominant operating mechanism for the parties to use the judicial process to resolve disputes its structural settings related to the configuration mode , the functions of the judicial institutions stratification of judicial resources , the system design is scientific , reasonable , the running mechanism practicability , relate to our civil reform and development process . Establish a the trial level system , in line with the modern judicial philosophy and modern trial level mechanism to protect the legitimate rights and interests between the parties on the play of the unified judicial function of the Supreme Court and other courts at all levels of the trial function , improve the quality of the trial of civil cases in China , has far-reaching practical significance. Current Civil Appeal System for four two tiered System , this level of trial system is in line with the specific national conditions and socio-economic conditions , clear the rights and obligations between the parties in a timely manner for the conservation of the national judicial resources , alleviate the parties economic ideological burden , reduce litigation tired to have a positive effect . However , as the socio-economic development , civil litigation presents diverse and complex , increasing the difficulty of the case law applicable , fully exposed in the Civil Appeal abuses of the system is also the case during the proceedings , the trial -level system of protection of civil rights has actually lagged behind the needs of social development , the urgent need for institutional innovation to adapt to changes in society . For the study of the basic principles and functions of trial level system perspective , the goal of the pursuit of value based on modern judicial philosophy and civil litigation , and through visits to the the typical National Civil Trial System for serious reflection and analysis of our current civil trial level on the basis of the institutional existence of the problem , improve the basic assumptions of modern civil trial level system is building a diverse civil trial level system , be conditional first instance of Final Appeal and the three - tiered System with two - tiered System combined together constitute our civil Appeal System , in accordance with the the modern the trial level system and the judicial independence requirements of the specific functions of the courts at all levels of our current position , and related reforms supporting measures to improve the recommendations .