Protection And Limitation Of Appeal Right In Civil Action

Civil partie to the litigation right of appeal is a very important litigation rights. It has open appeal review program, decided to appeal review the scope of the trial object restrict judges’ powers and alleviate the discontent, function is very powerful. So, should give full guarantee. However, civil litigation right of appeal is a kind of disposition, a program form, easy to be abused. Because of its powerful function, once the abuse, will cause big loss. On the one hand, brings to the relevant parties innocent "endless pain and disaster", so that it is not only economic losses, and also suffer more in spirit; On the other hand also takes up a lot of judicial resources, reduces the amount of output the judiciary justice, make many violations of the parties is difficult to get timely and effective relief. However, due to the imperfect legal system, the exercise of right of appeal in civil actions in China is chaos. A lot of litigant’s right of appeal is limited by the unreasonable, didn’t get effective safeguard legitimate rights and interests.2it is right of appeal abuse phenomenon is very serious, take up a lot of judicial resources. Therefore, it is necessary to in-depth research on this issue.This article first elaborated the selected topic background and significance, domestic and foreign related research situation, the importance of the right of appeal in civil litigation, for article writing laid the foundation; Then discusses the basic theory of civil litigation right of appeal, including the meaning and nature of right of appeal, civil procedure in civil litigation, civil litigation of the basic theories of right of appeal by the function of the right of appeal, and in-depth analysis of the present situation of security in litigation right in our country, pointed out our country in a second trial judge range regulation laws is missing, then respectively introduced in our country from any interest change principle, the necessity and feasibility of establishing the system of incidental appeal analysis; Finally, a detailed review of litigation restrictions on civil litigation in our country, the law is very broad regulations made the second instance court of appeal pressure increasing, the soaring number of criminal cases, the abuse of right of appeal of the lack of punishment mechanism makes the real benefit of the parties suffered serious violations. Therefore, should start in our country civil procedure law explicitly add the appeal procedures,"the appeal benefit" the essence of licensing system, establish appeal at the same time improve the abuse of right of appeal of punishment.