JNU teacher publishes paper in Chinese Law
Date: Oct. 19, 2020
Source: Law School & Intellectual Property School
Author: Liu Tingting

Fang Siyuan, a Master's Supervisor from JNU's Law School and Intellectual Property School, published his paper The System Construction of Leap Appeal in China: On the Reform of The Limited Three-Trial System in Chinese Law's fifth issue of 2020.
 

This paper argues that China does not yet have the conditions to implement three-tiered system, but it is necessary to pass the pilot reform of the limited three-tiered system to correct overreliance on reform measures, such as retrial and increasing the amount of compensation in cases. In addition, it speeds the separation of the fact trial and the legal trial，helps form the standard of admissible appeal, and makes systematic preparations for the Golden Pyramid judicial unified mechanism and the three-tiered system. The policy forming leap appeal, as the most appropriate system for the limited three trial system, will help the Supreme People's Court to form a policy to overcome the shortcomings of the current legal unity and development mechanism and can avoid fundamental changes in the current two-final trial system. In terms of the specific system design, Fang argues, the current judicial situation and reform objectives should be taken into consideration. The pilot scope should be limited to the circuit areas of the Supreme People's Court; the consent of the parties should be taken as the starting condition; the preliminary examination and approval of the court of first instance should be taken as the basis; and the Supreme People's Court should decide whether to accept a case according to how typical and important the disputed legal issues are.