Research On Civil Appeal System Reformation

The appeal system is the important constituent of civil action system. It shoulders the goals and the function of protecting litigant's legitimate rights and interests, guarantinig the judicial referee accuracy and the unification of law. It has the extremely vital role in the entire civil action system.Along with civil judicial reform and the renewal of judicial idea as well as the change of various social aspects, the original regulations or practices of the civil appeal system does not adapt to the new time development request.Therefore under the circumstances of civil procedure law revises, the research and study of civil appeal system reform has the vital significance.To discuss the civil appeal system reformation, we cannot be separated from the foundation of the civil appeal system. Therefore we must understand the basic principle of civil appeal system.First, justness and efficiency are the basic value of civil proceedings reformation and also the basic value tendency of civil appeal system reformation. In the civil appeal system, various values are both harmonious and conflict. The designation of appeal system cannot satisfy all the values. It can noly pursue the general balance by measuring, haimonizing and accepting or rejecting and realize the pursuit of values in accordance with different conditions of concrete procedure operation. Next, only if we study civil appeal system reformation according to the double purposes of civil appeal system, can the research of the reformation meet the legitimate intention and purpose. Finally, in order to guarantee that the civil appeal system reform manifest the benefit request and the litigant conforms to the fair value to the judicial resources use, it is necessary that the civil appeal system reformation follow the principle of constraining and safeguarding the civil appeal right.In the precondition of understanding the basic principle of civil appeal system reformation, the necessary research of civil appeal system reformation becomes the focal point. From the civil action theory and the judicial practice, flaw of legal principle theory of law and the judicial malpractice of the civil appeal system are day by day obvious and has created a series of adverse consequences. For instance, the infinite appeal creates the lawsuit value unbalanced and hindrance the realization of civil appeal goal; The serious empty and formalized appeal trying way has impact and harm the judicial justness seriously; Also the lacking of appeal trial procedure divergence and piling up the cases are harmful to the case trial and the improvement of the quality of trying cases and are difficult to realize the appeal goal; The lack of regulations on retrial system causes the lack of basic values of retrial system and errs from the basic value tendency of civil appeal system. Meanwhile, the civil appeal system reformation has had various feasible condition. It can not only learn from foreign regulations on reformation of civil appeal system, but also has the mature internal condition of reforming civil appeal system.The concrete plan of civil appeal system reformstion is: First, according to the construction principle of the civil appeal system and using overseas legislation for reference, by increasing benefits of appeal, to construct only one trial to end the trial system and appeal permission system as well as appeal sanction mechanism, which can change the infinite appeal to the limited appeal.Second, to strictly limit the direct judgment. According to the simple and comples cases, to set up the diversified way of trying, which can separate the appealing cases and assign the limited judicial resources properly. Then on the basis of human, to give applicant the right of choosing procedure and set up the system of choosing trying way, which will make the appeal procedure more humanized and will accord with the character of cases and meet the needs of applicant's interest. Third, at the basis of learning from foreign legitimate experience and our civil trial reformation harvest, to restraint strictly the adaptation of retrial by the way of procedure choosing right in the process of improvement.The research of civil appeal system reform can well realize and display the value of civil appeal system and effectively safeguard the realization of civil appeal goal; it can also regulate the relationship between the litigant appeal right and the judicial authority and safeguard the correct practice of appeal right and the effective and proper operation of trial right; it is good to assign the judicial resources and can save lawsuit cost and promote our judicial practiceIs to serve the open and refrom carrer directly.