The Reform Of China's Civil Appellate And Perfect

As an indispensable part of civil proceedings, the appellate procedure is not only the final judgement of the parti es'rights and obligations, but also serves to uniform the application of laws. The justice and efficiency of the civil appeals system is directly connected to the realization of the civil proceedings purposes. But our active appellate procedure has so many limitations that its functions have not been fully exerted. This article, based on the basic theoretics of the appellate procedure, will use the advanced experience of other countries or regions for reference in the designs of the appellate procedure, self-question the situation of our country's civil appeals system, and put forward a tentative plan which will help to reform and perfect our country's appeals system. There are five parts in this article.Part one, the summary of the appellate procedure. Firstly, the basic theoretics of the appellate procedure is introduced, including the concept of the appellate procedure, the legal basic of its existence and its functions. Secondly, the author generalizes the status in quo of our country's appeals system, and then analyzes the main limitations and three reforming aspects of the appeals system.Part two, the introduction of the civil appellate procedure in two law systems. The structure of the appellate procedure is presented in this part. Then the thesis summarizes the appeals system in England, America, Germany and Taiwan province of China, and analyzes the differences between the two law systems, summing up the conclusion that the countries or regions of the two systems are learning from each other, with the same object to enhance the efficiency of the proceedings which is based on the impartiality of the trial.Part three, the commencement of the civil appellate procedure. From this part, the author will introduce the deficiencies in the beginning, process and judgment of the appellate procedure in our country, and put forward some ways to perfect them. In the beginning of the appellate procedure, there is too little limitation on the people who appeal to the court, and the application of the appellate procedure is too narrow.Part four, the process of the appellate procedure. The author enumerates the insufficiencies in the process of the appellate procedure, for example, the structure is not clearly manifested in the law, and the parties are not entitled enough rights.Part five, the judgment of the appellate procedure. Referring to the legislation in other countries or regions and combining with the practice of our country, the thesis discuss the necessity to reform the judgment of the appellate procedure, including the limitation of the judgment's range.