The Procedural Function And Structure Of Civil Appeal

The civil litigation process is an Organic integration .The civil appeal procedure must keep in harmony with the first instance procedure in order to bring its function into full play and optimize the whole trial-level system . But in China the civil appeal procedure hasn't been paid enough attention in theory and is lacking in reasonable operating mechanism in system , which has made the civil trial reform focus on the perfection of the first instance procedure and hasn't discussed the second instance procedural structure's impact on its function from the view of civil trial-level system. So the thesis is based on the procedural structure of civil appeal and analyses its relationship with procedural function , trial-level system and other relevant institutions. What's more, it points out that the legislation should make a proper restrict on the renewal right in the second instance and adopt strict continuing-trial institution of the second instance procedural structure in order to strengthen the first and second instance courts function of finding the facts.The thesis is including five chapter :Chapter I analyses the procedural function of the civil appeal and evaluates its function scientifically.Chapter II goes on to explain the trial-level system on how to allocate the function of civil appeal and how to distinguish the de facto trial from the de jure trial by the comparison with the foreign relevant legislation.Chapter III analyses the theory about civil appeal procedural function. It concludes that the procedural structure of civil appeal reflects and realizes its function. But the key of influencing its structure is the degree of restricting the renewal right.Chapter IV makes a research on the auxiliary measures. Enriching the first instance procedure in order to make the trial centralized, strengthening the judge's right to explain and adopting the lawyer's compulsory agency institution can increase the speed of adjusting the procedural structure of civil appeal.Chapter IV reflects upon the omission of the function in unifying the law application and indistinction of the second instance procedure. On the base of it, the thesis points out we should adopt strict continuing-trial system , through which to shape the coordinating mechanism between our country's civil appeal procedural structure andtrial-level system, to guarantee the central position of the first instance in finding the facts, to enrich the second instance procedure in unifying the law application and to practice a system whereby the third instance is the final instance is the final instance coaditionally.