Security And Limitation Of Appeal Civil Right

The civil right of appeal is a very important procedural right for parties. The study ofthe protection and limitation of the parties the right to appeal has important theoreticalsignificance and practical significance. It is the inevitable requirement of the civil right ofappeal to protect the parties to fully exercise their right of appeal. It is the inevitablerequirement of achieving the purpose of civil litigation and appeal system. It is a necessarycondition to achieve the right of appeal. It is reflected the value of civil litigation. If it doesnot restrict the right to easily lead to abuse the civil right of appeal. If the rights can beappropriate restricted the judicial resource can be conserved, and the efficiency of theproceedings also can be improved. At the same time it can also reduce the burden on theCourt of Appeal and enhance the quality of trials. Therefore, it is necessary to have ain-depth study on protecting and limiting the civil rights of appeal in order to more fullyprotect the interest of the parties and to achieve the rational allocation of judicial resource.This paper has two clearly main lines that the right to appeal in civil protection andcivil restriction. First, the article topic starts from the background. It describes theimportance of the civil right of appeal and the theoretical significance and practicalsignificance of protection and restrictions the right, It lays the foundation for the restpassage; Second, It has a further discussion in our country on the present situation of theright protection. It pointed out the absence of the law provisions in our country's secondinstance judges and the narrow scope of protection. Then it introduced the necessity andthe feasibility in introducing the principle of the changed to prohibit interests andestablishing the system of With appeal. Finally, It has a detailed review of China'srestrictions on the civil right of appeal on the problems. Because of the legal condition isvery broad the appeals make the court of second instance the provisions of the pressureincreasing and the soaring number of cases of second instance. The lack of the punishmentmechanism of the abuse of the right to appeal makes the parties' interest damaged.Therefore, it should add the elements of "Appealable interest" in our civil procedural lawand establish the system for leaving to appeal, while improving the abuse of the right to appeal the penalties.