On the construction of the final trial mechanism of limited third instance in the civil procedure
The oversupply or undersupply in the trial level in the People's Court will produce"the contradiction between the trial level and the individual case",in which the supply in the trial level does not meet the needs of the trial level of case.Within the trial system of"two instances as the final instance",The Civil Procedure Law of the People's Republic of China sets up the trial mechanism of the first instance as the final instance applicable to the small claims cases in the summary procedure of civil proceedings,which has basically solved the oversupply of the rial level for some ordinary cases applicable to the trial mechanism of"two instances as the final instance",but fails to solve the undersupply of the trial level for some special cases.As for some special cases(six types of litigation cases),the trial mechanism of the final instance,rather than the relief with two instances as the final instance and retrial procedure,should be provided,which includes two factual trials and one legal trial or one factual trial without objection and one leap of appeal legal trial,so as to make a thorough investigation of the facts of cases and unify the application of law with no application for retrial.Since the current conditions for a comprehensive three instances as the final instance are not available in China,it is necessary to construct a trial mechanism of the limited third instance as the final instance to coordinate"the contradiction between the trial level and the individual case"in which the supply in the trial level does not meet the needs of the trial level of special litigation cases in the judicial practice at present and in the future period.
trial mechanism of the limited third instance as the final instancesix types of litigation casesundersupply of the trial level
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