Study On The Remand Subject Of The Civil Appellate Procedure

As one of the final way in appellate procedure for civil action, the remand connects the original trial to the appeal trial. The remand subject plays the role of Standardization and statutory basis. Summarizing the legislative cases in the current world, in respect of its structure, it is related to realize the debating right and the trial-level interests of the parties, the mode of appeal as well. Whereas, due to the double defects of legislation and judicial practice for the remand subject in our country, it lead to preserve party interest and participation hardly, supervision in procedure inconveniently, easy to abuse the discretion in trial procedure. Under the background of trial management, it often strengthens supervision principles on one-side in procedure and emphasizes on performance indicators too much.In this sense, the remand subject deviates from the procedure functions to become trial management tools. Owing to the administrative and powerful tendency in our courts, together with the written verdict lacked of rationality, a piece of the case remanded may be a game field which attracts parties related. Weather it is remanded, it is out of the control of subject in a specific application. Practically, it depends on actual workload of individuals, anti-pressure ability, desire to master final rights, personal relationships and other factors. In a specific application, it shows that it is a common phenomenon such as citing non-statutory subject, disclosing details of the case, remand at one's please, distortion of subject, and so on. For this reason, author thinks it is necessary to take a new look and make a rational reset of the remand subject for civil action of appellate procedure.This paper used both of standard and empirical research methods. At first, it briefly introduce the ontology of the remand system and its subject. Then, it commentate the legislation of remand subject in our country and explore the remand subject in current circumstance, putting forward the problems and the reasons,using the empirical sample data as the starting point. Lastly, refer to extraterritorial exposition, it attempt to improve the subject of remand by revising the remand subject, clarifying the subject of the remand judgement and supporting system. By means of two-way direction which including legislative and judicial methods, it may shape an optimum interaction with litigation right and judicial authority.