Research On The Limited Trial System Of Civil Procedure

As an important part of a country’s judicial system,trial level system belongs to the basic category of litigation procedure.Justice and efficiency are the significant value which judicial proceedings focus on.Trial level system includes various contents such as setting principles,value pursuit,court functions and power division,court rules and so on.Whether the setting is scientific or not,it will affect whether the whole civil procedure can run efficiently to a great extent.In our country,the existing system of the second instance as the finality in civil litigation formed in the special historical stage transited from the planned economy system to market economic system.The basic ideas of its setting were mainly based on the perspective of saving litigation cost and improving trial efficiency.Nowadays,the system of final examination of two-trial has been unable to meet the objective needs of civil litigation to resolve disputes,the parties can not be substantive protection of the right to appeal,"final is not final" serious judicial authority has been greatly damaged.And the benign function of third instance system of civil litigation and the nature of science and technology have been proved by the practice of the legal system developed countries.Therefore,China should draw on the extraterritorial legislation and combine the specific conditions of our country to design the civil litigation limited three times system.At the same time,the academic circles of our country has not ceased to set up a limited three-trial system,and the relevant theoretical research is becoming more and more mature.In 2012,the amended civil procedure law added a new small-scale litigation procedure.According to the regulations,The trial system of civil litigation has diversified trend,which makes the construction of limited three-trial system in our country more possibility than before.On the contrary,most of the cases still carry out the two-stage final examination.The limited three-trial system is essentially complementary to the system of the two-trial final examination.In the third instance,the system of the three-trial system is not the only way..In order to achieve the purpose of unifying the application of law and to improve the judicial authority,the third instance procedure should be set up strictly in order to avoid the "appeal explosion" or the abuse of the appeal right in the case of entering the third trial procedure.The party concerned shall,within the time limit prescribed by law,submit an appeal petition to the court of first instance,which shall set out the grounds for appeal;The court of third instance shall conduct a legal examination and a written examination,and shall not conduct a reexamination in principle on the facts of the case,and the scope of the hearing of the court shall in principle be limited to the scope of the appeals of the parties concerned.At the same time,in order to fully respect the parties to the disposal of rights and take into account the efficiency of litigation and litigation economy,should also allow the parties leapfrog appeal.