On China's Civil Procedure Of The Appeal Instance

The civil appeal examines the procedure to take the civil action trials in final the procedure, is shouldering the diverse judicial function, is the civil action system indispensable constituent, has the decisive significance to the civil dispute solution and the litigant lawsuit goal realization Fair and the efficiency is the legal procedure pursue two great value goal, but appeals examines the procedure the establishment is the result which two big goals keep in balance mutually.Our country present stage second instance trials in final the system, although has reduces the litigant to sue tiredly, saves the trial resources characteristic, but, along with the market economy development and the case type and quantity sharp increase, the second instance trialed in final the system the timeliness, the rationality already gradually loses, the appeal examined the procedure trying case quality not high, the efficiency low, the litigant to trials in final consequences and so on decision approval drop, it has appeared the malpractice in the actual operation to grow thickly. Facing stern"judicial crisis", but how solves the second instance to trial in final, examines not the end question, maintains referee's authority and determinism, our country civil action examines the level to trial in final by the second instance moves towards the multiplication to examine the level system to become the time the need.This article examines the procedure from the appeal the elementary theory to embark, and profits from other national civil appeal system establishment the advanced experience, engages in introspection our country to appeal examines the system the present situation, analyzes flaw of and the deep level reason our country civil appeal system, the foothold native place practices, proposed reforms and consummates our country civil appeal to examine the procedure the plan and the tentative plan, expected establishes a more reasonable appeal to examine the procedure, true realization fair and efficiency value goal.