Security And Limitation Of Appeal Civil Right

Exercising appeal civil right to the parties are an important aspect. In this paper, the author explain to exercise reasonable the right which is to protect and limit from the two sides The relationship between them are not only contradictory but also unity. So-called unity is scientifically guiding to exercise the right to appeal in civil, which not only includes the reasonable protection of the right to appeal, function and role, but also the right to appeal against the abusing the reasonable limits. In any case ,the ultimate goal is the protection to the legitimate rights and interests of the parties, the maintenance of harmonious and stable social order, thus avoiding wasting judicial resources of country and reducing the damage the interests of the parties. We can not interpret the words about contradictions too literally. Through adoption of comparative law, we found that foreign country respect the appeal right in the course of the exercise. On the one hand, because of lack of some related systems, our country is not enable us to set up the right to appeal, compared with Western countries. On the other hand, because of the lack of screening mechanism, the existing right to appeal leads to the situation of abuse. This will not only give the other party a greater economic loss, but also bring the heavier burden of the spirit. In the course of writing, the author adopts main method of comparative through the legal system on foreign-related analysis, combining with the existing situation. The paper is more than 30,000 words. With the exception part of the introduction, and thank, the body has four parts.First, the basic theory of the appeal civil right. This part introduces the basic content of the appeal process, lists the concept of appeal process from Chinese and foreign scholars. The author tries to find common place. The next part analyzes the function of civil appeals right. Even though scholars have different opinion about function of appeal procedure, but I focus on a more representative parts. Finally, the protection and restrictions of appeal must be based on the nature of the right of appeal, which relates to explore appeal right.Second, the protection of the appeal right. First, analysis of the appeal civil right on the legal basis for protection. Secondly, in order to strengthen the powers to protect the appeal right ,the law establishes the principle of prohibition not to change the benefits and incidental to the appeal. The former is aimed at protection of the rights of the appellant, the latter is for the purposes of appalled. Finally, the paper closely discuss the subject to establish the principle of prohibition not to change the benefits and incidental to the civil appeal system on the safeguards of the right of appeal.Three, restrictions of the appeal civil right. First, analysis of the civil appeal right on the legal basis for limitation .In our country, the abuse of the right to appeal has been an upward trend in recent years, the right to appeal is becoming increasingly prominent. Then this article analyze the benefits of appeal and malicious appeal to restrict the exercise of the right to appeal, which has a great significance on restrictions on the right of appeal in civilFourth, we review the right of appeal for civil protection and limitations on our country. We discuss on foreign right of appeal in civil protection and restrictions, absorbing the spirit of relevant country and combining the present situation of our country at this stage, the purpose is to give recommendations of the relevant legislation to protect and limit the right to appeal...