Talk About The Our Country Civil Incidental Appeal System Construction

The system of civil incidental appeal is the special system of civil law countries and regions. its value is to protect right of appeal already full, discarding litigation or what was rejected by the interests of the appellant, let its use of the appeals process, incidental appeal way to request a change or abandoned verdict, so as to realize the equality of the parties to the attack. At present, our country has not introduced this system, which caused debate about if we can apply this system and how to apply the system. In our country, the theory has not been determined; the scholars are also in discussing. The paper endeavors to existing views are summarized, the mainland legal system country civil incidental appeal system, further analysis the characteristics of the incidental appeal system, and put forward in the new environment China can establish the system of civil incidental appeal. This paper is divided into four parts:The first part introduces the basic theories of the content of the system of civil incidental appeal, and including the concept characteristics、nature and the related concept of incidental appeal of system of incidental appeal; to distinguish between incidental appeal to clear the uniqueness of the outstanding and exquisiting; to get ready for guiding the system to our countryThe second part is the legal theory of system of incidental appeal.why a system can exist, its existing theory foundation must be made clear, the author from the parties have equal status and the justice of procedures and substantial,and disposition of the principle of Angle incidental appeal the rationality of the system are discussed, trying to solidify the theory basis.The third part quote the continental law system country and areas, such as France, Germany, Japan, Taiwan and Macao about the system of civil incidental appeal regulation and the general and individual distinction summarized, in order to place to hold different incidental appeal of the common and advantage.The fourth part is the core part of this paper. Basing on the first three parts, unioning the debate upsurge of the establishment of China’s civil incidental appeal system, analyzing the reason of why our country has not set up the incidental appeal system, the author supports the establishment of China’s civil incidental appeal system, and analyzes the feasibility and the necessity of establishing it, and design the idea which in the civil procedure law.In short,the author hopes to use the opportunities of establishing the appeal in the reform of civil lawsuit, to play its advantages of national and regional, reduce the mount of the appeal and retrial cases, making the syetem service our judicial practice.