| The civil-trial-level system, important part of the judical system in a country, reflects the value concept of justice, efficiency and stability and plays the basic role in the civil procedure system.The civil first-instance-being-the-final-instance system is the judicial system which come into force immediately after arbitration of civil disputes made by first level law court.First-instance- being-the-final-instance system, as the complementary trial level system of second-instance- being-the-final-instance system, is relatively imperfect on the legislation of China and its specification is simple, scattered and full of problems.Hence, it is imperative to improve the civil first-instance- being-the-final-instance system. This article is to discuses how to improve first-instance- being-the-final-instance system according to the mature legislative experience worldwide. This article is divided into four parts:Partâ… , Expound the basic concept and characteristics of the civil first-instance-being-the-final-instance system; summarize the characteristic of abroad legislation by the observing and studying abroad relevant legislation.Partâ…¡, Firstly, elaborate the types of case, trial procedures and remedies of first-instance- being-the-final-instance system in China's active legislation. Secondly, inspect current operational situation of first-instance-being-the-final-instance system during judicial practice.Partâ…¢, deeply analyze the problems of first-instance- being-the-final-instance system in respect of legislation style, the division of functions of trial count, the types of applicable cases, trial procedures and remedies.Partâ…£, Firstly, explicit the necessity of improvement of the civil first-instance-being-the-final-instance system.Secondly, provide specific and operational suggestion to types of applicable cases, cases trial procedures and remedies according to take advantages of judiciary of extra-territorial as well as analyzing problems. |
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