On The Procedural Safeguard Of The Right To Appeal

First, this paper analyzed the basic categories of procedural protection of the right to appeal, including its scope,model, the relationship between appeal right and jurisduction,and the equal protection of appeal rights. Based on these categeries, the paper made some comparative study on the foreigen systerm in the chapter2.Then ,this paper analyzed the major problems in the procedure of second instance of our country: (1)the scope the protection is too narrow; (2)the status between appeal and jurisdiction is imblanced;(3)the equal protection of the appel rigth also has limintions.In the last three chapters ,the pape gave the following countermeasures to these problems respectively.first,it necessary to perfect the relief to the civil ruling,and establish the counterappeal systerm. In this chapter, the paper researched the history of the counterappeal for the first time.second,we should set up the principle of interests change forbidden to enforce the restriction to jusdiction.Third, the paper suggested to bring into the collateral appellate systerm to make up the propable defects lead by the principle of interests change forbidden.