Scope Civil Second Instance Trial

Civil litigation scope of criminal trial is in the theoretical circle has been controversial, the civil procedure law in our country for the people v. scope of second instance is such regulations: "the people’s court of second instance shall appeal of relevant facts and apply law review". As you can see, which obviously is not exact, easy to cause the judge in the judicial practice appears deviation understanding of the law, different judges in the trial process, have much difference on the operation of the law of the long lead to trial level is not high, result is obviously not enough fair, etc. Therefore, the correct grasp the scope of civil litigation second instance trial related issues will be better with the help of the judge is committed to efficient case, guarantee the impartiality of the case, better safeguard the lawful rights and interests of the parties.The article is divided into five parts, first, from the perspective of the civil lawsuit legal dialysis the scope of the second trial, the civil appeal trial mode and scope of criminal trial relationship and in accordance with the established the theory basis of second instance trial scope. Paper in the second part of the second instance trial scope of civil action has carried on the historical review, studies the reign of feudal society period, the kuomintang(KMT), and several significant improvements in the period of the revolutionary base areas, and after the founding of the people v. method in several times about the scope of criminal trial in the process of change from a comprehensive review to limited review and comprehensive review of the change, better grasp a major change in the scope of the second instance trial of civil action, have certain reference significance for theory research. The third part through to the UK, USA, France, Germany, Japan, these a few developed countries civil litigation scope of second instance trial related investigation, find out our country can learn from the reference section. Through the study of the theory of the former three parts, historical review and outside investigation can better find out the problem. In the fourth part clearly points out the scope of the second instance of civil action to the existing problems, and analyzed the causes. The last part of the article puts forward about civilian criminal trial scope were analysed.some Suggestions, hope to the second instance trial scope controversy offer real help.