Civil Right Of Appeal In Judicial Practice And Legislative Perfection

The litigious right is a basic human right that everyone is entitled to equally and an important part of Civil Procedure.With the development of China's legal system and juridical reforms,the litigious right of the litigant is ensured far greater than in the past,however many flaws still remain.Due to a number of different reasons,juridical practice is unfavorable towards the protection of litigious rights and legislation does not touch upon the subject.This article starts by looking at the course of change and development of domestic and international civil action,beginning with a systematic look at the development of the theory of litigious rights.The second section is centered on analyzing the reasons why China lacks in the protection of litigious rights and explores the abuse and malpractice of such rights in China.The third section elaborates on the situations we face of while exerting great efforts to protect litigious rights the abuse and perversion of such rights.An analysis of the reasons that cause such abuse and an interpretation of why such situations exist are also made.The fourth section goes into depth regarding the legislative improvements for litigious rights;opinions on how litigious rights could be improved from both legislative and juridical angles and what could be done to protect litigious rights and control the misuse thereof.This article strives to analyze the application of litigious rights from a jurisdictional viewpoint and the protection of the litigious right of the litigant, pragmatically devoted to the protection the lawful rights and interests of the general public.