略论新形势下我国民事审级制度的完善

On the Improvement of the Civil Trial Grade System under the New Situations

《民事诉讼法》修订与民商事案件级别管辖调整,一定程度上克服了我国民事审级制度的缺陷,但由此也带来了新的问题。在现行两审终审制的基础上,引入三审终审制和一审终审制,实行审级制度的多元化,同时弱化再审制度,从而实现再审制度与审级制度的合理衔接。

The amending of the civil procedural law and the adjusting of the grade jurisdiction of civil procedural law have in a sense made up for the flaws in the civil trial grade system, but loopholes still exist and give rise to new problems. So should be amended the current civil procedural law and adjusting of the grade jurisdiction of civil procedural law to establish a system of the third instance as the final and a system of court of first instance being the final so as to diversify the civil trial grade system. At the same time, the civil retrial system should be weakened to dovetail with the civil trial grade system.