Trial Level Institutional Research

Trial grade system is an important part of action system and the supporting system of court system. Making the criminal judicature for example. The author puts forward some constructive suggestions on the reform of trial grade system in China in the angle of the function of trial trade system after an analysis of trial grade system in foreign countries.The dissertation is about 47, OOOwords, consisting of four parts.Part One is the basic theory of trial grade system. Firstly, the author makes a definition of trial grade system. On the basis of he definition, the author puts forward that trial grade system is peculiar in court, independent and a combination o microscope and microcosm. Secondly, the author makes an analysis of the function of trial grade system, holding that trial grade system has the positive function. It corrects the faulty, increases the unity of law. It also has the negative function: reducing efficiency. The author also makes an elaboration of the balance of these functions. Lastly, the author seeks the theory basis of trial grade system, holding that the philosophic theory basis of trial grade system is the theory of knowledge.Part Two is an analysis and evaluation of trial grade system. The author makes textual criticism of trial grade system in foreign countries, pointing out the differences and identities of trial grade system in different action modes. The author makes an evaluation of the trial grade,system in the standard of function balance. The author holds that the mutual level trial grade system on western countries which is the combination of the second instance being that final instance and the third instance as the final realizes well the balance of the function of trial grade system. Theexperience of trial grade system in these countries should be used for reference in China.Part Three is about the history and current situation of trial grade system in China. Firstly, the author makes an approach to the history of trial grade system in China. Secondly, the author makes an analysis of the current system can not guarantee substantive justice, procedural justice and realize "high efficiency". The author also holds that the current system is not applicable to the economic development and mode criminal procedure and should be reformed.Part Four is about the reforms.of trial grade system. Firstly, the author puts forward the objectives of trial grade system reform, holding that the basis objective and pillar of the reform is the adduction independence and the first objective is the balance of functions. Secondly, the author makes a design of trial grade reforms, holding that the current court system, which is set across administrative districts, should be reformed. The author thinks that the system of the third instance as the final can be set conditionally. Lastly, the author makes an approach to the supplementary system of trial grade system reforms, holding that the current grade jurisdiction system should be reformed and inside instruction system should be abolished.