On Rights Of Appeal In Civil Protection And Restrictions

The right of civil appeal is a very important right of action. It can open appeal procedure, decide the scope of objects of adjudication, restrict the power of judges and ease the discontent sentiments of the parties. The function of it is very powerful. So, it should be given adequate protection. And the right of civil appeal is a dispositive right, extremely to be abused. Because its function is very powerful, Once been abused, it can cause significant losses. On the one hand, it can bring "the endless suffering and disaster" to the innocent parties, not only making him or her suffered economic losses, but also making him or her tortured in spirits. On the other hand it also takes up a large number of judicial resources, reducing the total outputs of justice by Judiciary, making many of the parties been against access to timely and effective relief. Since the legal system is far from perfect, in our country, the exercise of the right of civil appeal is in chaos. For one thing, that rights of the parties are limited unreasonably, their legitimate rights cannot be effectively protected; for another thing, the phenomena of the abuse of that right are very serious, therefore, it is necessary to make further study on this issue.This paper first analyses the basic nature and the function of the right of civil appeal, reveal the basic theory of the security and limitation of civil appeal right, and discusses its practical significance. And then, this paper introduces many foreign countries' advanced practices and experiences about the security and the limitation of that right. On this basis, this paper makes a discussion about the relevant provisions of our law, and points out that we should learn from these countries' advanced practices and experiences, and then, in accordance with China's specific conditions , we should establish and further improve the relevant legal system.