Explore The Development And Problems Of Our Country Right Of Appeal

In this paper, through a brief analysis of the development of the right to appeal, the author tried to explore current problems in the development of the right to appeal and the cause of the problem. Besides that, through comparing the legal development of Western countries and the development of China's rule of law today, to analyze the development of the complexity of the right of appeal. Finally, some advises are given to the development of the right to appeal.The first part of this paper describes the ancient China right to appeal profile of development, and then indicate the underlying values of no-litigation and the social, economic, political, cultural and geographic roots. After that, a brief is given to progressive transformation and development of the right to appeal since the late Qing Dynasty in China. The purpose of this part is sort out the special history of Chinese right to appeal.The second part mainly discusses the problem of setup of right to appeal and causes:the relationship between the right to appeal and judicial power, judicial power its own deficiencies, nationalism barrier and culture migration which brings the conception confusion. These issues are mainly explored from the phenomenon level.The third part continues the further discussion to the deep reason of the issue arises in the second part under the legal development background. By comparing the development history of the West legal system and the situation of our country today, analyze the development complexity of the right of appeal in our country and the resulting Impact.The fourth part integrate the previous discussion and give some betterment advices to the right of appeal on conceptual level and system level. The first aspect tries to establish the concept that the right to appeal is basic rights for citizens, the purpose of the second aspect is correctly handle the relationship between the right to appeal and judicial power and construct non-litigation dispute resolution mechanism besides strengthen the protection of procedural justice and strengthening protection of the right to appeal.