Construction Of The System Of Third Instance As The Finality In Civil Procedure

As the current trial system is based on the current trial system is the second trial of the final trial, the civil trial has not yet a specific definition of the final trial, the implementation of foreign trial system has been quite mature, through the study of foreign audit system, The litigation is limited to the judgment of the second instance of the court, and the second instance of the party who is not satisfied with the judgment of the second instance is expecting an authoritative decision to file a second appeal on a question of law. After the Court of Appeal has been criticized and the appeals have been initially examined, Not only related to the private interests of the parties, but rather to the issue of important legal application, or after the trial can have a general guiding significance of the case, in this condition to accept the parties to the appeal,through the composition of the professional collegial proceedings in court A trial system. In the case of the limited trial review system, the Court of First Instance only focuses on the legality of the law applicable to the appeals judgment, and the factual part of the second appeals case. It is not within the scope of the Court of First Instance review. The separation of legal and factual issues at the third trial level is due to the fact that a significant feature of the third trial is the uniformity of the law applicable to universal cases rather than the realization of case justice. The purpose of doing so is to allow the judges of the Court of Final Appeal to focus on the question of legal issues so that the third trial judge is more objective and solid in judicial matters rather than the factual judgments of the facts Foundation. The reason why the establishment of a limited trial system, is the current trial level system has been unable to meet the diversification of the type of case, but can not ensure that the law applicable to the reunification and referee authority. The number of cases that can be entered into the third trial is small, since the conditions for appeal in the third instance are more stringent, and the nature of the legal trial makes it possible to enter the case of the trial court only in cases of general legal significance. Law theory has been studying this system for many years, but also formed a lot of valuable research results. The legal practice circles have accumulated a lot of useful experience in the process of handling the case, and the call for the reform of the civil litigation system in our country is increasing day by day, which provides a solid theoretical and practical basis for the establishment of the limited trial system in China. On how to build China’s limited trial system, the author combined with the theory and practice, mainly from the type of the case that the amount of the subject and the grounds of appeal is a legal or factual matter, is a case or a universal case and appeal to the subject, Decision procedures,review and trial methods and the reconstruction of the functions of the court and other aspects of a detailed discussion. The establishment of the limited trial system is not the abolition of the two trial and final trial system, but in the current trial level system based on the conditions of the implementation of the trial system, in essence, is the trial level of diversification.