On The Interest Of Appeal

The appeal right exercises means a certain amount of the expenditure of judicial resources, in order to assign the limited judicial resources fairly among the litigants who seek or need justice, it is necessary to impose restrictions on the appeal right exercises. Civil Law countries and regions generally considered the litigants who make the appeal must have the national approval benefit characteristic, one of which is appeal interest. Furthermore, to realize the fairness between the two parties, Civil Law countries and regions adopt the principle of prohibiting alteration for interests and incidental appeal. This article firstly obtains from the appeal interest's theory origin, and then elaborates the appeal benefit theory production, the connotation and the nature in detail. The second part introduces those theories of judging standards of appeal interest and opinions of different scholars, the author argues that to provide procedurally-non-persuade as judging standards is better. Then, appeal interest can be quantified and some legislative cases in Germany, Taiwan and Macao are introduced. In the third part, the principle of prohibiting alteration for interests and incidental appeal are discussed. Finally, the author put forward its own proposal to the consummation of the Appeal System in our country.