The Jurisprudence Analysis On The Unified Right To Appeal

The concept of right to appeal was originally derived from period of Roman law, with social development, by different times of political and cultural factors influence ,the some different points about the action right was formed, as the private right of appeal ,the public right of appeal ,the two levels right of appeal , Each theory has its emergence and existence value, but these doctrines are without exception confined to civil procedure file ,inevitably has limits of its vision and the limitations of the times. However, with the development of concept of the rule of law in human society, the concept of right gradually been taking root, the right to appeal was not only the concept of a single department of civil procedure, in criminal proceedings and the Administrative Procedure Law and the field of constitutional litigation, Scholars are beginning to focus action right to appeal the main issue, the right to appeal legal action has become a common concept. The study was gradually in -depth, the right of appeal became Fundamental right in constitution from civil procedure, and even be considered as one of the basic human rights in international law. In order to form a unity theory of the Right to Appeal that to be basis of various procedures, So Jurisprudence has concerned on the research of unity theory of the Right to Appeal.My article discussed aspects of the right to appeal, as its Logical starting point, its related areas, the Properties of the right to appeal act. I hoped can help on the formation of the unity Right to Appeal. Human right was Logical starting, citizens can compete with state power with the right of appeal, prevent order of words to citizen's rights from state power. It can promote the theory and system of right to appeal development in keeping with the target of society governed by law; The duality and procedure appeal right are specific appeal right in Procedure and abstract right of appeal in Constitution, the former is litigation practice right, the later is a kind if Human Rights and measure standard of specific appeal right. After clarify the above problems, We can know the value of the right to appeal in rule- by- law society: the first is the protection of the clients interests, the basic values of dispute resolution; Secondly, the right to appeal is the main of human embodiment of the status; it also has the value of restricting the power of the national publican and promotion of rights to be set in law.