The Principle Of Prohibiting Disbenefit Alteration In Civil Appeal System

As the parties’procedural subject status has gradually established and program security interests is becoming more and more perfect. The prohibiting disbenefit alteration in the civil appeal change the party’s right of disposition principle of succession in civil law countries and regions has also established, and theories research also has certain achievements. This principle to judge behavior, highlight constraints litigant punishment right is of great significance and justice. But in the reality of our country, the legislation does not really establish this principle, on the contrary, it is violated in practice which is enough to show that our country is not the establishment of this principle. There are not much research or study results about the subject, and some critics even are against it. This paper aims to clarify and properly position it so as to provide legislative suggestions for its establishment in our country. This paper begins with the concept of this principle, followed by examples in foreign investigation and deep analysis of the basis of the current situation. At last, specific measures has been put forward to build this system in civil appeal system.