The Examination of Judicial Status Quo and Improvement Path of the Lower Court's Requesting Mechanism for Elevated Jurisdiction——Taking"Dynamic Jurisdiction Adjustment"and"Legal Jurisdiction Exception"as the Theoretical Basis
Reports from lower courts are the main source of cases under the jurisdiction of the former level. The superficial sig-nificance of discussing the lower court's reporting mechanism for elevated jurisdiction is to explain the mechanism of"dynamic ju-risdiction adjustment"and"legal jurisdiction exception", that is, why it is necessary to set more flexible rules such as"dynamic"and"elastic"in addition to legal jurisdiction and static jurisdiction;Its profound significance lies in the way of adjusting the"paral-lel column structure"to"pyramid system layout"in the trial-level structure of our country, so that courts at all levels can deeply understand the rule significance, policy effect and interest measurement value of the judgment documents. However, in practice, restricted by three factors, namely, limited cognition, prescriptive abstraction principles and lack of supporting mechanisms, lower court's reporting mechanism for elevated jurisdiction are faced with problems such as lax and disorderly application standards and inconsistent format of judgment documents, which seriously affect the applicability and effectiveness of the mechanism for elevated jurisdiction. In this regard, in order to give full play to the effectiveness of the mechanism for elevated jurisdiction, first of all, it is necessary to clarify the applicable standards for cases with elevated jurisdiction in combination with the elements of cases;Secondly, from the key links, refine the operation process of upgrading jurisdiction;Finally, we should give full play to the demonstration val-ue of elevated jurisdiction of cases with the guidance of the examination and incentive mechanism.
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