正义、效率理念与我国民事审级制度安排

The Idea of Justice,Efficiency and the Civil Judicial System

我国民事审级制度的改革和重构固然可以用经验主义去分析,同时也要以正义、效率的至高理念来衡定。本文从抽象逻辑意义上探讨得出法律公正和效率价值的实现与相对较多审级之间的同向关系,为我国审级制度由现行的两审终审制改善为三审终审制提供理论逻辑的依据。

The reform and reconstruction of our civil judicial system can be examined with, simultaneously it can be judged by the idea of justice and efficiency. Logically this article discusses the relationship between the realization of injustice of law and the value of efficiency and the different kinds of judicial systems. It provides theoretical basis for the change of present system of two trials making the final trial into that of three trials making the final trial.