审级制度的设计,必须有效平衡诉讼效率与诉讼公正的关系。国民政府实行三级三审制度,虽然改变了民国以来审级制度上的混乱状况,但由于在最高法院的规模控制、不同审级之间的职能分工方面缺少相应的技术规范,审级结构内部又缺乏有效的制约机制,以致法官的敷衍和当事人的滥讼均无有效的制度约束,形成上诉率居高不下,案件拖延积压严重的状况,既丧失了诉讼效率,也没有真正实现诉讼的公正。 The design of the trial level system must effectively balance the relationship between litigation efficiency and litigation justice. The implementation of the three-level third-instance system by the Kuomintang government changed the chaos in the trial-level system since the Republic of China. However, due to the size control of the Supreme Court and the lack of corresponding technical specifications in the division of functions between different levels, the internal audit structure There is no effective restriction mechanism so that there is no effective system constraint on the perfunctory behavior of the judge and the litigant’s litigation, which leads to the situation of high appeal rate and serious backlog of cases, which not only loses the efficiency of litigation but also realizes the justice of litigation .