On The Initial System Of The Civil Procedure Of Second Instance

The establishment of the system of the civil procedure of second instance is aimed at the correction of wrong effective judgment to realize judicial justice. It ensures judicial justice and functions as a correction and the protection of the client's legal rights and interests to some extent. With the constant complement of the legal system in our country, drawbacks of the system of the civil procedure of second instance are more and more outstanding. The incomplete legislation and lack of operationality make the system unsuitable to the new trend. The original regularities are incongruent with the idea of judicial independence and justified procedure. Therefore, some wrong judgment cannot be corrected, justice cannot be promoted and loss cannot be compensated. Some cases are tried with unnecessary second instances, so that judicial resources are wasted and cost for prosecution is increased. Legal stability and dignity are also shaken. And judicial organs in our country lose their public confidence and would be images. Judicial justice and procedure justice are severely affected.The system of the civil procedure of second instance in our country needs theoretical analysis and testification for the well implementation of the policy to administer a country according to law, deepening of judicial reform and development of active functions of the system of second instance in accordance with the developing need of market economy and advanced factors in the system of the civil procedure of second instance outside our country.This thesis is divided into four chapters.Chapter one is the analysis of the present situation of the system of the civil procedure of second instance in our country. The characteristics of it are introduced. The characteristic of many-faceted subjects of the procedure hinders the real protection of the client's legal rights and interests. The...