On Appealable Interest In Civil Litigation

As an important litigation rights, whether the rights to civil appeal is realized, how to realize this rights, and what it will take before it is realized, etc, are necessary factors which has to be taken into considerations by litigation parties. How to guarantee the efficiency of judicial relief, and how to coordinate the national interests with individual interests and make them harmonious in the judicial procedure are factors of major importance which has to be taken into considerations by legislators. In the theory and practice of civil litigation of countries and areas with continental law family, the appealable interest of civil litigation has been playing an important role in the guarantee of the rights to civil appeal. However, the grounds of appeal in The Civil Procedural Law of the Peoples Republic of China are too obscure to be applied, which will bring about the following knotty problem: whatever the grounds of appeal, the second trial may be started, which will cause high wastage of judicial resources. In order to resolve this problem, we can borrow ideas on the aspect of the appealable interest of civil litigation from countries and areas with continental law family. Meanwhile, in order to balance the procedural interests of parties in civil litigation, the principle of prohibiting alteration for interests in civil appeal and the collateral appellate system, which are of cooperative action with the appealable interest, have indispensable function in the realization of the appealable interest. This paper from the basic theorical category of the interests in civil appeals, summarizes and analyzes the theoretical writings and research of the scholars about the interests in Civil appeals, With China's current status of the civil practice, analyzes the value of the interests in Civil appeals in the improvement of civil procedure law in China and the cultivation of national consciousness of the modern rule of law and judicial staff to practice the administration of justice. In the Macro Background of building a socialist harmonious society, it is necessary to make some adjustments to the civil appeals system as a whole and assimilate the practice of civil law countries and regions. In the civil legislation of the future, increasing the interests and the relevant provisions of the civil appeals, effectively perform their proper functions and strive to achieve the unification of trial the legal effects and social effects.With approximately 34,000 words in total, this article is composed of three chapters besides introduction and conclusion. The first chapter: the theoretical foundation of the appealable interest in civil litigation. This chapter introduces the basic theory of appealable interest in civil litigation under the background of the principle and system of civil procedural law. Then, this chapter briefly analyzes the legislation relevant to appealable interest in civil litigation in countries and areas with continental law family. Finally, this chapter summarizes the viewpoints about appealable interest in civil litigation, and analyzes the value of appealable interest in civil litigation under the background of harmonious jurisdiction.The second chapter: the analysis of the practice of appealable interest in civil litigation in our country. Since the founding of New China, appealable interest in civil litigation is sparsely provided in successive two civil procedural laws, and it is not clearly reflected in the current civil procedural law. For the lack of clear provision of appealable interest in civil litigation, the status quo of judicial efficiency of civil appeal cases has been far from satisfaction.The third chapter: betterment of the civil procedural guarantee of appealable interest in civil litigation. The establishment of the criterion for appealable interest in civil litigation is of major theoretical and institutional value, more importantly, it will be beneficial to the application of appealable interest in civil litigation. In the meantime, the principle of prohibiting alteration for interests in civil appeal and the collateral appellate system should be added in the civil procedural law so as to rationalize the whole civil procedure of appeal and safeguard the litigation rights of relevant parties, which are indispensable parts for the betterment of the current system whereby the second instance is final.