According to both of the regulation that between "demand" of a lawsuit and "supply" of the civil procedure and the requirement of carrying out the aim of the procedure efficiency value , the civil procedure law have the necessity to extend the scope of the apply of the first instance as the final instance on the base of the existing lawmaking .

The essence of two-tier trial system value of which is fairness and efficiency in every case can t be carried into execution until the case has been heard twice by two levels of courts.

However, the approach has only solved the problem of attribution, so we should change the review procedure of death penalty into one kind of opening legal procedure completely,namely,three-tiered system, so as to enable three-tiered to display its effectiveness truly as the last defense to guarantee the death penalty .