The Study Of Second Instance Civil Procedure

The second instance civil procedure is an important aspect of the whole civil procedure system. It is of great significance for investigating the facts of the case, the correct application of the law and the maintenance of judicial authority. The current code of the second instance civil procedure is too easy in principle and lack of the relevant judicial interpretations. There are a lot of places required to refine and improve. The second instance civil procedure exposes many disadvantages and can not accurately reflect the characteristics of the procedure. It is difficult to exert efficacy of the normal procedures. In judicial practice, the second instance civil procedure is a very important aspect. At present, trials are faced with an increasing number of cases. The contradiction between justice and improving work efficiency becomes more obvious. According to the basic situation of China's civil procedure and the needs of judicial practice, this paper firstly discusses the basic theory, the purpose and the functions of the second instance civil procedure, and then gives the general introduction of some modern western national second instance civil procedure and their characteristics for learning the advanced experience. Finally this paper discusses the problems that exist in the legislation and judicial practice of the second instance civil procedure and try to give some suggestions combined with the status of current system and existing problems.This paper is divided into four parts, and researches the second instance civil procedure from the basic theory of the proceedings, the comparative study of other countries, the status our current civil procedure and the suggestions respectively.The first part discusses the purpose and function as well as related theories of the second instance civil procedure.The second part gives the general introduction of some modern western nations and analyses their characteristics.The third part gives an analysis of China's current problems of the second instance civil procedure including the abuse of the right to appeal, the unreasonable way of judgment, the lack of efficiency and the protection of the rights.The fourth part gives the suggestions of both principle and details on the basic of former discussion.