Reconstruction Of China's Civil Action Level System

The action level system is an important part of action system and the mainstay of court system. The establishment of the second trial as the final trial regulation in our country offers necessary institutional guarantee for people court's power of conducting jurisdiction , supporting the economic order, promoting the development of the society and in certain degree realizes the aim of the multi-leveled civil lawsuit. But the current the second trial as the final trial system gradually cannot meet the requirement of the socialist market economy and entry of WTO, so it needs to be reformed. It reaches the justice by the way the error is corrected by the action level system; civil cases can be tried through as few procedure as possible in order to obtain efficiency and economy and at the same time the unity of the available scope of law can be acquired by the higher court's authentic interpretation.The paper Makes the civil action level system for example and in the sight of the function of the action level system. Through watching aboard and interior of country, the author puts forward some constructive suggestions to the reform of action level system in China.The dissertation is about 40,000 words, consisting of three parts.Part one is the basic theory of the action level system. Firstly, makes a definition of the action level system, on the basis of the definition the author puts forward the features of action level system; secondly, the author makes an analysis of the function of the action level system, holding that the action level system has the positive and negative functions and these functions are not only centralized but also contradictory; The last but not the least, draws lessons form other countries or district's legislation examples to verify the feasibility of reconstructing the judicial procedure system.Part two is about the inspection of China's action level system. Firstly, makes an approach to the history of China's action level system; secondly, makes an analysis of the current system, through research and investigation, the author holds that the current system is not applicable to the economic development and modern administration of justice, so it needs to be reformed and perfected.Part three is about reconstruction of the civil action level system. The reformation of China's action level system cannot accomplish in one breath, it should walk step by step. A reformation of concrete system is not isolated and blind, it should be designed under the guiding of worth acceptance, the worth acceptance with the regulation, the reform with the circumstance and the part with the whole should bring into line and develop in balance. Firstly, clear and define the worth acceptance which the reformation wants to reach. The reformation should look after both sides of the current various effects, does not dislocate with the whole judicatory. Secondly, design the concrete path of the reformation. To begin with , we should perfect some procedures such as the first instance , appellate instance and review program, this step is essential and it is the earlier stage of action level system's reform. And then to build the civil action level system, the concrete means as follows: the functions are divided between the courts at all levels; make clear the scope and way of three instance court; limit the three instance; the three instance links to the review program; perfect the related integration and so on.