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Research On The Principle Of Prohibiting Change Of Non-interest In Civil Appeal

Posted on:2013-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:W F JiaFull Text:PDF
GTID:2256330374964866Subject:Procedural Law
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The principle of prohibiting change of non-interest is a fundamental principle of procedural law theory in Continental Law Legal System. It covers criminal procedural law, civil procedural law and administrative procedural law in many countries and districts. It is called the principle of the interests change forbid in civil appeal, means the adverse decision that the appellant suffered in the appellate court shall not be greater than all of the appeal requests was dismissed when only one parter appealled. As Civil Procedure Law has not been established the principle of prohibiting change of non-interest in China, the situation that the appeallate court adjudged beyond the appeal requests, incresased the civil liability of the appellant had occurred, damaged disposition of the parties and the right to appeal seriously. The study of the principle is of great significance for guaranteeing the party’s litigation rights, reforming China’s appeal system, as well as achieving procedural justice. The establishment of the principle of the interests change forbid in civil appeal, is beneficial for restricting the jurisdiction and clearly the scope of the appellate review, promote the realization of the rights litigation. This paper analyzes the relevant legislation and the provisions related to civil status in China, it demonstrates the necessity and feasibility to establish the principle in China from multiple perspectives, on the basis of fully aware of defects in the legislation. Then by the basis of specific description about the content of the principle, nature, conditions of application, the legal basic theory and national legislation, it shall be based on the current situation and reform direction in China. It arounds the establishment of the principle, changes the attitude on lawsuit that mistakes must be corrected, the legislation clearly established it in the form of the basic law. As the same time the supporting system’s setting up and improving are the good operating mechanism of the principle implementation, including the reconstruction of the appeal conditions, the supplement of the incidental appeal system, strictly restriction on the scope of the review, and strengthening the obligation to reform of the court. In the study of the principle of prohibiting change of non-interest, mainly focuses on the rebuild of the civil appeal system, in order to promote the reform of China’s appellate process.
Keywords/Search Tags:prohibiting change of non-interest, appeal interests, incidental appeal, action principle
PDF Full Text Request
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