最高法院作为初审法院规定的理性反思

Rational Thinking on Regulation of Supreme Court being Court of First Justice (CFJ)

三大诉讼法在管辖一章中均规定最高人民法院可作为第一审法院,且明确了最高法院一审案件的范围,回顾诉讼法实施以来最高人民法院作为第一审法院的运作实效,该规定存在着诸多缺陷:最高法院作为初审法院违背了程序公正、损害了当事人的审级利益、这一形同虚设的程序同时造成诉讼资源浪费。在管辖制度中应取消最高人民法院作为第一审法院之规定,从立法上完善中国的级别管辖制度。

Three laws of procedure have all stipulated in the chapter of jurisdiction that the Supreme People＇s Court may be taken as the court of first trial, and defined the scope of first trial cases for the Supreme Court; By reviewing the operating effect of the Supreme People＇s Court as the court of first trial since the implementation of procedural law, we can see many flaws of this stipulation, i, e. , the Supreme Court, being the court of first trial, has violated the proCedural justice and harmed the parties＇ trial interests, which makes this nominal procedure resulting in the waste of lawsuit resources. Therefore, the stipulation that the Supreme People＇s Court is the first trial court should be canceled in jurisdiction system and the level jurisdiction legislative perspective. system in China should be improved from legislative perspective.