The Study On The Trial Grade Of The Civil Litigation In China

Abstract: As an important part of the civil litigation, the trail grade system will affect the operation of the civil procedure and the realization of equity and authority of the trial. Many factors, such as politics, Economic, culture and history, all may influence the existing trail grade system of China. There also exist many defects. Many scholars suspect the reasonableness of the system. Some scholars suggest reforming the system. They think we should set up the third-trail final verdict system like some foreign countries. After reviewing the story, present situation and external system of trial grade in this essay, we hold: In order to reform the trial grade system, we must base on the traditions and use foreign texture for reference. We can set up the instance system: the second instance being the final instance in most cases, the first instance being the final instance in some cases, at the same time restricting the use of re-trail. The full text is divided five parts. Each of the concrete contents is as follows:Part one tells the history and present situation of the civil trial grade system in China. After reviewing the developing process of the tiral grade system of civil litigation in China, we can find that the existing trial grade system that is called "4 tier courts and 2-trial final verdict" system has five characters. In this part, we also point out the malpractice of the existing trial grade system. This part is the base of the later development of analysis.Part two studys the theory how to reconstruct the trial grade system. In order to make the trial grade system more rationalization, we must base on the traditions of our country and use foreign texture for reference. Especially, we should be cautious to adopt the foreign system and cannot completely copy from other countries. The most important thing is that we must adhere to some basic faiths, such as justice, efficiency, independence of the courts and the judges, and attaching importance to the rights of punishing right and reasonable remedy.The author analyses the mode of the civil trial grade system in China in part three. The author makes textural criticism of trial grade system of some foreign countries, such as the U.S., French, Germany, Japan and Russian. We can get inspiration from comparison: the principle of the trial grade system, the multi-trial grade system and so on. After that, the author lays out several trial grade systems. The conclusion is that the third-trial final verdict system is inadvisable in China. There are four reasons for it. At first, the relationship of between trial grade and the quality of the verdict is not direct proportion. Secondly, the capability of judges in higher courts is not always better than in lower courts. Thirdly, the system cannot satisfy the efficiency of the public. Finally, the opportunity of setting up the system is not mature. The author thinks that we should set up a multi-trial grade system: the second instance will be the final instance for most cases, the first instance will be the final instance for some cases, and we should restrict the use of re-trail at the same time. In this part, the author also demonstrates the reasons of second-trial final verdict system. On one hand, the second-trial final verdict system is helpful to improve the efficiency of handling a case, realize the quality of trial, and convenience to the parties. On the other hand, there are some disadvantages in the trial system. The author also discusses the realism feasibility of the second-trial final verdict system in four aspects. In addition, the author studys the necessity of setting up the first-trial final verdict and keeping the retrial system.The fourth part probes on the research of court function, the instance jurisdiction system, the design of the first-trial final verdict system and the second-trial final verdict system. The text holds restrict the condition of the appeal in the four aspects: the appellants must have the appeal benefits; we should punish the vicious appellants; we set up...