Civil Procedure Remand

"Justice must not only be done, but must be seen to be done." As the court of appellate jurisdiction to guarantee the justness for the judgment of first instance, the remand has indispensable and important value in supervising proceeding, correcting wrong judgments, and guarantying client's fights, its value location and implement have close connection with the realization of justice. Lamentedly, in our country, it is difficult to keep optimistic when facing the reality of the remand. Distortion of value and simplicity of legislation has become a "hard wound" that impedes the good operating of the remand, moreover, with complexity of social life, diversity that the interest among the groups shows, modernization of the judicial ideas, and extensive increase of new kinds of civil and commercial cases, the negative effect of the remand becomes more and more striking, finally the remand will be "dissimilated" and greatly deviates from the aim that civil procedural law running after. In the meantime, the less interest to study for the remand and the deficiency of reference materials, subjectively and objectively, make the study is entangled in a sort of "relatively cold" situation, and there is few scholars concentrate on it. We still have not found out a new passage for the remand until now, for the lack of theoretical preparation. This thesis starts from the value, first of all, confirming the necessity of remand, second, analyzing the malpractice and reason that exists in remand, third, by considering the situation of our country, using other countries' rational regulations in civil procedtural law for reference, setting up the controlling mechanism for the remand. It is a highly expectation that we can find an available pass way to be able to really solve the problem, and makes remand be its original face.The whole thesis has three parts except for the introduction and the conclusion, there are about 40 thousands words in all. The main contents are as follows:ParⅠ. Seeing the principle of remand in perspective. This part involves the value location, sphere and extent of application for remand, which could help us to learn about the details and find out the malpractice. So the clear mind for remedy the remand is possible.ParⅡ. Real observation and theoretical rethinking of remand. This part fully discusses the malpractice and negative effect of remand, such as inexplicitly standard of application, large discretion for judge, high litigation costs and so on. If we can not set up a controlling mechanism for remand, the result would put us in a dilemma.PartⅢ. Rational construction for the remand. This part proposes four factors that the remand settings should consider——value orientation of proceeding, scope of trial in appeal court, valuation under "two choices" and the appraisive system for the rate of remand. Basing on them, the civil procedural law needs to be improved, otherwise, the controlling mechanism should be built as soon as possible.The core value of the remand lies in maintaining the proceeding justice, and we must take both internal and external measures to guarantee it running well. Under the background of unceasing judicial reform in our country, we should try our best to improve the remand as quickly as possible, such that we may be adapt to the swift change of the trial practice, and finally meets the need of clients and protects their proper legal interest.