The Research Of Civil Trial On Appeal

Proceedings is the last protective screen for relieving rights, at the same time ,appeal is the crucial phase of the procedure ,and so perfection of appeal take a critical role for success of Justice Reform. In the thesis, I will try to comparatively analyse important principles and institutions in trial on appeal so that I can overall grasp mechanism of appeal and make my own learning and thinking about present reform. So, this thesis consists of three parts.The first part is about basic principles of trial on appeal. Firstly, I briefly introduce authoritatively legistative regulation of the word"appeal", presenting in some countries(districts),clarifying meaning of"appeal"adopted in the text. After that, I analyse aims of appeal, listing Diane Wood Judge's and Bowman Lord's analyses about it ,using the latter's view for reference ,and I insist that we should understand the aims from two angles ,that's , private and public purpose. As we all know , aim and function interact as both exterior and interior, so I immediately analyse functions of appeal in order to further understand it, that's, safeguarding justice ,safeguarding unified application of law, creating law and providing channels for people involved in the case to relieve their resentment. At last I concentrate my energy on analyzing institutative principles of appeal. Seeing that Three-level Court is the typical structure of appeal, relations among judicial hierarchies in the system are central thing. At the same time, analysis of appeal needs background of the whole trial system, especially first instance, so I adopt an overall angle.The second part is about procedure of trial on appeal. On the basis of introducing British,American,German and French important institutions of appeal ,I'm in the hope of finding scientific, advanced elements and general characters, and so I can provide foundation for analysis in the third part. First I introduce and analyse regulations in...