Examines The System By Our Country Civil Action Law The Construction

Act according to our country civil procedure law the stipulation, our country's appeal trial the procedure both to examine for the fact and examines for the law. Our country present second trial last instance system passed much pays attention to the case fact the fact-finding, but is suitable the question regarding the law to lack the special procedure to examine actually. This system had decided realizes the legal suitable unity with difficulty. Our country implements is four level of court systems, in the practice the large number case superior court is certainly the intermediate court, the superior court rank excessively is low, also with difficulty guarantees the high degree the legal suitable unification. Obviously, our country present civil action system arrangement, causes the law to examine the function to lose actually. Therefore in order to satisfy the legal suitable unity request, it is necessary to implement in our country civil action has the condition law to examine the system.Legal trial is the legal matter which exists to the first trial referee in carries on trying the procedure for appeal. It has the safeguard to be suitable legal the unity and the procedure relief and so on the main function. This article through examines the system to the overseas law the design analysis, examined our country present appeal to examine the system the flaw, and established the law to our country to examine the system the necessity to carry on the consideration. In this foundation, examined the system to our country law to carry on the construction: Legal trial the system to implement the permission principle, the written trying principle, the prohibition benefit change principle, attorney does not force the agent to make. Only then in lawsuit sign the amount achieved certain standard, the case nature conforms to the controlled condition to be able to be suitable the law to examine the procedure. Causes the matter which the law examines to have to be the referee illegal. Stipulated regarding some civil procedure law important procedure, once violates may take mentions matter which legal trial. Legal trial the start which trying the institution, Legal trial to be supposed to break through the present civil procedure law the stipulation.