民事審級(jí)制度的實(shí)踐困境及其理論破解.pdf

1、上海交通大學(xué)碩士學(xué)位論文民事審級(jí)制度的實(shí)踐困境及其理論破解姓名：吳風(fēng)申請(qǐng)學(xué)位級(jí)別：碩士專(zhuān)業(yè)：法律指導(dǎo)教師：萬(wàn)毅200712014THE PRACTICAL PREDICAMENT AND ITS SOLUTION TO THE SYSTEM OF LEVELS FOR CIVIL COURTS ABSTRACT This paper tries to analyze the theoretical foundation and the

2、value targets of the civil trial-level system through value analysis methods. and then the thesis presents that the construction of the civil trial-level system should be considered from the following three aspects of th

3、e value orientation: First, being beneficial to the maintenance of lawful application; Second, to safeguard to seek a certain balance between judicial justice and judicial efficiency; third, to safeguard judicial finalit

4、y. Based on the above values, in considering the status of China’s civil trial-level system, through use of comparative research methods, learning from some foreign advanced concepts and system of construction of the tri

5、al-level system, the authors proposes to construct the multi-level system at trial: “two trial final appeal system” as the mainstay, “restricted one trial final appeal system” and “three trial final appeal system” as the