Author(s)

Yifei Wang ¹

Affiliation(s)

¹ School of Law, Central University of Finance and Economics, Beijing 100081, China

Corresponding Author

Yifei Wang

ABSTRACT

China has been implementing a civil litigation hierarchy based on a system of two trials with final adjudication, supplemented by a trial supervision procedure of retrial, with a view to enabling our civil litigation process to better achieve the established value objectives; over time, this long-running procedural system has revealed serious problems in terms of institutional framework and specific rules. In recent years, the Supreme People's Court has issued a series of relevant policy documents to amend and adjust our civil litigation hierarchy in many aspects, including the criteria for accepting cases, retrial procedures and the elevated jurisdiction system. At present, our civil litigation level system is no longer purely a two-trial final adjudication system, but is closer to the substantive three-trial final adjudication system.

KEYWORDS

The hierarchy of trials, civil retrial, third instance finality, judicial res judicata, complementary measures

CITE THIS PAPER

Yifei Wang, The Reform and Perfection of China's Civil Litigation Level System: The Establishment of the Third Trial System as the Main. Science of Law Journal (2022) Vol. 1: 65-71. DOI: http://dx.doi.org/DOI: 10.23977/law.2022.010112.

REFERENCES

[1] Chaowu Song, J. (2021).The Development's Direction of the Reform about the Positioning of the Four Levels of Court Functions in China. Political Law Series, 6, 62-72.
[2] Yulin Fu, J. (2002). The Rationale for the Construction of a Trial Level System - A Comparative Analysis from a Civil Procedure Perspective. Chinese Social Sciences, 4, 84-99+205.
[3] Rechard W H, J. (1997).Comment on French Civil Procedure. American Journal of Comparative Law, 45, 747.
[4] Wei Teng, Shaosheng Ye, Chengfei Ding, Jiaxi Lee, J.(2021).Understanding and Application of the Opinions on Further Strengthening the Punishment of False Litigation Crimes. People's Justice, 22, 20-24+29.
[5] Zongzhi Long, J. (2022).The main contradictions in the reform of the positioning of the audit function and pilot proposals. China Law Review, 2, 164-172.
[6] Dong Jin, J. (2022).Structure and Function: A Study on the Reform of the Positioning of the Four Levels of Courts at the Trial Level. Journal of Political Science and Law, 39, 2, 93-101.
[7] Yudong Zhou, J. (2021). Pilot reform of the positioning of the four levels of courts at the trial level: breaking the "litigation home and away". China National People's Congress, 17, 34-35.

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