On Civil Appeals, Not The Interests Of The Change Prohibition Principle

The principle of prohibiting deteriorative alteration(Verbot der reformatio in peius) is a fundamental principle of procedural law theory in many countries and districts of Civil Law System.It covers all aspects of procedural law,including criminal procedural law,civil procedural law and administrative procedural law.In civil procedural law,it is called the principle of prohibiting deteriorative alteration in civil appeal.The study of the principle of prohibiting deteriorative alteration in civil appeal is of great theoretical and practical significance for perfecting China's appeal system,guaranteeing the party's litigation rights,as well as achieving procedural justice.This paper studies the concept and the academic foundation of the principle,compares the legislation of Civil Law System and Common Law System,and then focuses on the establishment of the principle and reconstruction of the civil appeal system in China.This paper is divided into five chapters:Chapter one is general introduction of the principle of prohibiting deteriorative alteration in civil appeal,mainly introduce the general concept, legal basis and legal significance of the principle.Chapter two is the relation between the principle of prohibiting deteriorative alteration in civil appeal and relative principles and systems.It helps to deepen the understanding to the principle and lay the foundation for the construction of the detailed system.Chapter three is the brief introduction and comparison of the principle of prohibiting deteriorative alteration in civil appeal of different countries and districts.By comparison,we find out the characteristics of the principle of different counties and districts and it is essential to establish this principle in our country.Chapter four is the current legislation concerning the principle of prohibiting deteriorative alteration in civil appeal in China.The absence of the principle is very obvious,and it is necessary and feasible to establish the principle in our country. Chapter five is the establishment of the principle of prohibiting deteriorative alteration in civil appeal in our country.The appealable interest and the collateral appellate shall be introduced into the civil appeal system.