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Analyze On Appellate Procedure Of Civil Procedure

Posted on:2008-10-19Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166360218960703Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an indispensable part of civil proceedings, the appellate procedure play an important role of civil proceedings. Whether the establishment of a national system of appeals is perfect or not, determining the development of the national litigation process, and reflected countries procedural fairness, efficiency of the proceedings and even the degree of importance for the protection of the rights of the parties. This article, based on the basic theory of the appellate procedure, will use the advanced experience of other countries for reference in the designs of the appellate procedure, analyzes the main limitations of our country's civil appeals system, and put forward a tentative plan which help to reform and perfect our country's appeals system. There are four parts in this article.Part one, the summary of the appellate procedure. This chapter introduces the basic theory of appellate procedure, including the concept of the appellate procedure and the legal basic of its existence.Part two, the appeal trial procedures comparative study. A brief introduction of the civil appellate procedure in two law system including Britain, the United States, France, Germany and Japan. From examined the judicial hierarchy, the relationship between the second instance and the first instance,the scope of the second instance of civil trial. Summing up the conclusion that the countries of the two systems are learning from each other, with the same object to enhance the efficiency of the proceedings which is based on the impartiality of the trial.Part three, the inspection of our country's appeal procedure. First make an inspection of the judicial hierarchy to our country's history, then summary the main limitation of our country's appeal procedure.Part four, provides the specific ideas to improve the appeal procedure. Due to the disadvantages existed in the present legislation and judicial practice, the appeal procedure should make some amendments : The relationship between the second instance and the first instance should be amend; Establish reasonable judicial hierarchy, the three-tiered system should be established to achieve the function of unity of the law applicability on the system of appellate; The interest of appeal should be contained in the commencement of the second instance; The parties'autonomy of the procedural rights shall be respected; Principle against deteriorative alteration should be established; and improve the trial way of appeal procedure .
Keywords/Search Tags:appeal procedure, judicial hierarchy, the interest of appeal, autonomy of the procedural rights, Principle against deteriorative alteration
PDF Full Text Request
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