The Elements Of Civil Appeal In Our Country

In academics, many aspects of the appeal procedure researching has been involved. This paperattempts to reasonable limiting the number of cases entering into appeal procedure effectively throughstudying on the appeal elements, dividing the cases properly and reducing pressure of the second instancecourt, thus further improving the appeal procedure. First of all, this paper give an objective analysis for theoperation status of China’s civil appeal elements, including the appeal subject, object and other limitations,pointing out the aspect which is imperfect. Our country’s civil appeal elements are broad. There is almostno restrictions on appeal of case, that leading some cases which are no need to enter into the secondinstance procedure get retrial by the second instance court. It is not only waste the limited judicial resourcesof our country, but also make the function of appeal procedure even the function of first instanceprocedure’s playing been adversely influenced. The imperfection of civil appeal elements, provide theopportunity of misuse of litigation for significant part of people, although it is one legal right of the party,however the unreasonable utilization lead to the increasing of litigation cost, all of this breach the lawsuiteconomy principles seriously, and the negative effects are also reflected in various aspects. Facing thisimportant problem in our country’s civil appeal procedure, this paper give some subjective analysis of thesereasons which formed current situation. On the one hand, because of the improper limitation of civillitigation to the parties in our country, leading the abuse of right of appeal, putting forward theunreasonable appeal, causing appeal rate of the civil case remains stubbornly high. In the civil lawsuit, rightof appeal embodies in specific is the parties may entry of appeal in view of which of the first instancejudgment, this kind of judgment is called appeal object. Most countries in the world are impose restrictionon appeal object in varying degrees, our country’s Civil Procedure Act divide judgment of court intodecision, ruling, decisions, but the decision making by first instance all belong to appeal object, onlyindividually ruling of first instance belongs to appeal object, so that lump stipulations together cannot meetthe problems in judicial practices to be properly solved; on the other hand, the status and value of firstinstance procedure is not gave enough attention, no matter in judicial circles or the general public, this kindof misunderstanding causing the judgment effectiveness of first instance procedure not proper playing,dispute resolution function of the first instance procedure is existing in name only. Civil litigation procedure is an organic whole, in the research process or judicial practice, if only pay attention to anisolated phase of procedure, it definitely will affect the entire procedure. Neglect due value of the procedureof first instance, which will affect the playing of entire civil lawsuit procedure function, it is not conductiveto the resolution of civil disputes timely and effectively; besides, the broadness of China law’s provisionitself, which is lack of clear and operable, and not reaching the requirements of the accuracy of the legalsystem, it shall not regulate the parties’ behavior in the process of judicial practice, in reality, this makes thebehavior of unreasonable appeal existing greatly. In addition, the function of appeal procedure is huge,which safeguard the accurate of law’s application, credibility of judicial and beneficial to the stability ofprocedure and so on. In order to ensure its function get sufficient performance, it is necessary for us toimprove China’s civil appeal elements. The appeal elements itself also have significance, embodying in theappeal benefit elements, in specific, it divides the appeal elements into formal elements and essenceelements, make the content of appeal elements more specific, and we are more targeted in the process ofperfecting the appeal elements. The limitation of the judicial resources also requires us limitingunreasonable requirements appeal behavior through perfecting the appeal elements, further saving judicialresources. Therefore, this paper puts forward some specific means to perfecting the elements of ourcountry’s civil appeal: establishing appeal benefit elements, treating appeal benefit as an restriction ofinstituting an appeal in the filing process of civil appeal, to prevent the parties misuse the right of appeal;establishing permission system of appeal, deciding whether it is necessary to its appeal according to thenature of the first instance case, getting some simple and small amount dispute case out of the appealprocedure, to improve the efficiency of litigation; reasonable limiting the appeal subject enlarge theappealable ruling scope suitable, and limiting the judgment scope of appealable properly; confirming thelitigation right of disposition of parties, that is, for some of the parties agree to not appeal consensus andgive up the right of appeal should give timely ratification; punishing behavior of spite appeal, unreasonableappeal to a certain strength, to perfect our country’s civil appeal elements.