Research On Chinese Adjudicative System Of Civil Second Instance

Civil second instance not only makes more authorized even final judgment on the dispute between parties, but also (furthermore the main point) needs to make assessment to the adjudication of first instance, as it means conducting affirmation, affirmation partly or denial, denial partly. Thus the contents of the judgment of second instance are expressed as followings: affirm the original judgment, set aside the original judgment and amend said judgment accordance with law, rescind the original judgment and deliver to the first court for retrial, revoke the original judgment and transmit etc. The varies of adjudication form shall be formulated by procedure law on the cause, content and scope, otherwise it is hard to understand and apply. The civil procedure law of the people's republic of china regulates three kinds of judgment situations of second instance, however there is superposition between said amending judgment and delivering to the first court for retrial, neither the law stipulates how to distinguish the difference above while the said superposition is occurred nor the scope and range of amending original judgment. Consequently with investigating the legislation experiences abroad and connecting the facts of our own country, it is necessary to improve our civil judgment forms of second instance, clarify the cause of different adjudication configuration, define the range and scope of amending original judgment, make the rules of forbidding disadvantage alteration, increase the attaching procedure of appeal, so as to protect parties rights truly, guarantee the correct adjudication of case, ensure integrated application of law.