Study On Scope Of Appellate Instance Of Civil Litigations In Our Country

The function of appellant trial system decides that the disposition right and functionary levels of courts at different levels that the first instance court based on restrict the scope of the second instance of civil trial. According to judicial level system, different functionary levels of courts at different levels result in different treatment of disposition right of parties. Because the transition and reform of China's civil system and fundamental theories, understanding of the scope of the second instance of civil trial is in confusion in trial practice. Through explaining the scope of the second instance of civil trials and investigation and analysis of the system of the second instance of civil trials in other countries, exterritorial experience is drew to decide the scope of the second instance of civil trial in China. At the same time, by investigation of the history and current status of the second instance of civil trial in China, the main reasons that leads to the confusion of the scope of the second instance of civil trial are that the boundary between the punishing right and judicial right is not clear and the legitimate appellant right of parties is restricted and the supervision of the second instance can not be carried out effectively. This paper also analyzes the reasons and the direction of reform for current system in terms of basic principles and systematic environment of civil trial mode and finally put forward the idea to decide the scope of the second instance of civil trial in China on this base.