我国民事诉讼审级制度的反思与重构

On Introspection and of Trail Grade System of Civil Litigation in Our Country

民事诉讼审级制度是民事诉讼中的一项基本程序制度,对确保裁判程序公正和实体公正意义重大。我国目前实行的两审终审制是特殊历史背景下的产物,已凸现出许多与现实不符的弊端。通过分析审级制度及文化背景,得出我国民事诉讼审级制度的重构建议,即以二审终审为原则,有条件的一审终审和三审终审为补充的多元化审级制度。

That trail grade system of civil litigation is a basic program system of it, which is significant to ensuring justice of the procedure and tentity. System of the court of second instance being the final that our country carries out at present is the outcome of the peculiar historical setting. With the development of times, the trail grade system has already protruded obvious malpractice, the reformation of which is extremely urgent to. Through analyzing the system and culture background of the trail grade system in our country, I suggest the trail grade system should be reconstructed as a diverse system, That is, the system of the court of the second instance being the final should be principle, and the limited system of court of first instance being the final and the limited system of court of third instance being the final should be complementary.