关于构建民事诉讼一审终审制的立法思考——从完善民事诉讼审级制度的视角

Research of the Civil Procedure First Instance as the Final Instance Structure System ——From visual angle of perfecting the civil procedure system

基于诉讼案件对诉讼程序的“需要”与诉讼程序“供给”之间的规律和实现诉讼效率价值目标的需要,民事诉讼法有必要在现有立法基础上扩大一审终审的适用范围。对民事纠纷案件实行一审终审的标准及范围应由立法按诉讼标的额确定一个基本的幅度,再由各高级法院根据本省的具体情况在法定幅度范围内确定本省小额案件的标的额。但小额民事案件具有法定情形时不得实行一审终审制,同时,立法不宜允许当事人通过协议方式选择审级制度的适用。

According to both of the regulation that between 'demand' of a lawsuit and 'supply' of the civil procedure and the requirement of carrying out the aim of the procedure efficiency value , the civil procedure law have the necessity to extend the scope of the apply of the first instance as the final instance on the base of the existing lawmaking . The standard and scopes of the civil cases that applied to the first instance as the final instance should be defined a basic range according to the sum of the dispute by lawmaking and then , the high court of each provice can decide the sum of the small claim in their province that base on their own situations and within the range difined by law . But when the small claim have some conditions defined by law ,it can not be applied to the first instance as the final instance , at the same time , lawmaking should not allow the parties to choice the apply of the class system through making an agreement .