四级两审制的发生和演化

Origin and Evolution of the Court System of "Two Instances at Four Levels" in China

司法体制改革的一个重要举措是设立最高人民法院巡回法庭,这一改革举措可能意味着我国法院层级或审级变化的新动向。从建国以来的历史经验看,法院层级和审级变化并非彼此孤立,且都从属于国家政治形态设计。1954年中共中央取消大区分院,促动了法院审级由三审制改为两审制。两审制带来的法院功能和案负变化,导致中级人民法院层级的设立。为了保障四级两审制平滑运作,民事调解制度扩大,基层法院派出法庭普遍设立。这一法院层级和审级制度的设立,契合了扩大省级地方权力的政治目标。1983年以来"地改市"运动、民事调解制度的萎缩以及撤销部分派出法庭,使得四级两审制的基础发生松动,法院层级和审级方面的新变化由此产生。

One of the basic countermeasures for the reform of judicial system is to establish circuit courts of the Supreme People＇ s Court. Any change in either judicial level or the hierarchy of the court is an interactive process rather than an isolated incident. A change of the judicial level of a court tends to cause change in hierarchy of the court. However, both are subjected to the design of state＇ s political pattern, not an outcome of simple judicial technology. In 1954, the CPC dissolved the Cen- tral Bureau of Grand Districts, the governments of grand districts, as well as branch courts of Supreme People＇ s Court in these grand districts, causing the change of the judicial hierarchy system from that of three instances to that of two instances. The two-instance system led to the changes in function and workload of courts, and eventually to the establishment of a new judicial level of court, i. e. , the in- termediate courts. To ensure the smooth operation of the system of two instances at four levels, two auxiliary measures have been adopted ： one is to expand people＇ s mediation, the other is to extensive- ly establish local tribunals. The system of two instances at four levels fits the political objective of ex- panding the provincial power. Since 1983, the basis of this system has been weakened by the move- ment of transforming the administrative division of region into that of city, the decline of people＇ s me- diation and the abolishment of tribunals. The analysis of historical forming of this system is the key to understanding the connotation of the institutional increment in the judicial reform.