On The Civil Right Of Appeal

Civil litigation right, by which a law suit can be initiated, is a practical project related to our daily life, and an important topic in the time of human rights are paid much attention to . The theoretical research and analysis have not been established in our procedural jurisprudence, due to the restriction by our legal development. Civil litigious rights are constantly damaged or misused in juridical practice, because of the lack of theoretical research. Therefore , it has become a radical and impending problem to guarantee citizen's status of subject to be equally entitled to approach to courts by the theoretical research.The thesis explicitly brings forth the concept of civil litigious right, as the right to plea for juridical help when a citizen is in a civil dispute, based on the analysis of several basic elements of civil litigation right and its character. Its characters can be generated as follows: civil litigation rights belong to basic human rights,is procedural right, constituted not in substantial right, but in procedural right.The thesis sets out an analysis from five perspectives as to the relationship between civil litigious rights and basic civil procedural theory. (1) Theory about the relationship between litigation rights and jural relations of civil litigation. The relationship between litigation rights and adjudicative power occupies an important position in legal relationship of civil action, and can be generalized as follows: civil litigation restricts adjudicative power, while to ensure the realization of litigation right is the end of adjudicative power which also supervise, direct, and help the civil litigation right. (2) Litigation right theory and procedural law and substantial law. Here it is stated that litigation right theory is independent of two laws. Two theories are not determined by each other and their influence reciprocally. And finally procedural law is higher than substantial law in dispute resolving. (3) Litigation right theory and the theory about the end of civil litigation. It is put forward that Litigation Right Theory should not be understood as the shadow of the theory about the end of litigation and take litigation as the starting point to protect litigious rights to resolve the dispute.(4) Civil litigation right theory and the theory about the object of civil action.The concept of the object of civil action comes from the need to resolve dispute and thus exerts important influence on the realization of litigation. Relativism of the object of civil...