On The System Of Civil Appeals

The state standard of the traditional litigation ideas not only has deep influence on the civil system of appeals in china, but also it has been influencing the reform of the civil system of appeals in china. The author considers that the civil system of appeals in china can't apply the requirements, which are brought forward to the civil procedure law of china by the market economy and the rule of law construction, unless we can transfer from the state standards to the individual standards and take the right of appeal as a center to perfect china's civil procedure law. The article does take the right of appeal as a center, the other words, to build up china's civil system of appeals the article circles the reasonable using of the right of appeals and the reasonable relief of the private rights. Besides the preface and the conclusion, the article is divided into four chapters:Chapter 1: The basic theory of the civil system of appeals. In this part, the author explains the concept of appealing. Then the author analyses the legal doctrine of the civil system of appeals, and sums them up in three points: One is the further relief ofthe private right------beginning with the legal disputes;the second is the civil systemof appeals: the right of disposing;the third is the balance of justice and efficiency.Chapter 2: The comparative analysis of civil appeals system. At first, the author introduces the legislation of four countries, which are Britain, USA, France, Germany. Then, based on the comparative analysis, the dissertation expounds their five common grounds: The first is that the exercise of right of appeal is common;the second is that their requirements of appeal are all very rigorous;the third is their legislation all confine the scope of the exercising of right of appeal;the forth is their legislation all prescribe relevant system to the protection of right of appeal;the last is their legislation all prescribe the system of prohibiting the abuse of right of appeal.Chapter 3: China's civil appeals system and its reason. In this part, the author expounds the legislation of china's civil appeals system and judicial practice. Thelegislation is very short, exactly, shortness of requirements of appeal, no restriction on the exercising of right of appeal and lack of relevant system. Because of the legislation shortage, the litigating parties abused right of appeal seriously and this results in a large quantity of appeal cases, which has been increasing. Meanwhile, the first trail is just a modal;then, the author analyses the reasons of china's appeals system legislation, which are the influence of society-economy base and the influence of the traditional litigation ideas.Chapter 4: The perfection of china's civil appeals system. Firstly, we should transfer the litigation ideas, the other words, the construction of civil appeals system should be circled by right of appeal. Exactly, at first, we should perfect the requirements of appeal, the other words, the appeal should have benefits;the second is some suggestion on the perfection of the exercising of right of appeal, which includes the perfection of exercising of right of appeal, the reasonable restriction of right of appeal and the prescription of relevant systems to the protection of right of appeal;the third is the perfection of relevant legislation to civil appeals system, including the perfection of relevant legislation to bills of exceptions and prescribe prohibiting system of abusing right of appeal.