The Reform Of Criminal Trial Grade System

The trial grade system ought to have double functions that resolve disputes and maintain rules,as well as balance the relationship of both sides according to the different cases and the distinct level of courts.In practice,our country’s trial grade system pay more attention to resolve disputes than maintain rules,in addition,being short of two functions’ operation.By means of researching the shortage of present trial grade system and referening other country’s universal arrangement about that institution,it is not difficult to find the former academe’s suggestions are more or less unilateral.Considering the reality about our judicial reform,the reform and suggestion of trial grade system should correspond to it’s ideal function in a gradual way, to reflect the gradual features of judicial reform.This paper is divided into five chapters:Chapter one is general survey of the trial grade system. This chapter is mainly about the definition of the concept, to sum up the function of trial grade system by answering what is the trial grade system and what kinds of problems that trial grade system is to solve, combined with the conditions where trial grade system function could put into use, also points the factors that need to be considered when setting the trial grade.Chapter two includes review of criminal trail grade system and reflections on defects in China., Reappearing the historic evolution of the trial grade system in historical retrospect and use the viewpoints of historical materialism to explore the reasons of the establishment of the existing court of second instance, analyzing the mainstream view while pointing out the underlying causes of establishment of court of second instance. Combined with the function of trial grade system and arrangements for trail grade system in other nation of laws, the writer discussed of the defects of existing court of second instance to clear the direction for the trail grade system reform.Chapter three is about the research on the criminal trial grade system in the extraterritorial major countries. Through the introduction of the trial grade system in the extraterritorial nation of laws, to summarize the prevailing arrangements for trial grade system and explore regular features among them.The paper mainly study on the United Kingdom and the United States that are the representatives of anglo-american law system; France, Germany that are representatives of the continental law,and Japan that is near China, in order to learn their merits. By absorbing their positive factors of their trial grade system and improve them creatively, to reform our trail grade systems.Chapter four is the construction principle of criminal trail grade system. Theory is the guidance for reform, the paper discussed factors need to be considered in the reform of trial grade system by vision of philosophy, law and practice needs,to lay the solid foundation for later reconstruction of Criminal trail grade System.Chapter five is the reflections on the reconstruction of criminal trail grade system in China. System reconstruction relates the reallocation of interests, naturally brings a chain reaction that a slight change may affect the whole, as an important system that connected criminal substantive law and procedural law,trial grade system, the reform of which needs to be followed up by related supporting systems, so it is a huge project. Therefore, according to the reality of the judicial reform in our country, the reform and improvement of trial grade system should also be corresponding to its functions, step by step, from short term goal and long term goal respectively. Deepening reform on the existing trail tiered system from the practical level as well as the system aspects in short term, while building a limited three grades trail system and mechanism, in order to reflect the gradualness of judicial reform.