To Explore The Path Of The Court Of First Instance To Resolve The Appeal Case Mechanism

The execution of the“right of appeal”is one of the external manifestations of the enhancement of citizens' legal consciousness,However,behind the high rate of appeal,accompanied by a series of issues such as prolonged litigation cycle,rising litigation costs,prolonged social relations and increased risk of conflict intensified.In this context,based on practice,this paper boldly proposes a mechanism for the early intervention of appeals cases by the court of first instance.The first chapter from the realistic demand,discusses the theoretical basis for two aspects to build the legitimacy of the mechanism.The second chapter analyzes the application of this mechanism in judicial practice based on data and cases.In order to effectively eliminate the negative impact of high appeal rate,and enhance the credibility of the judiciary,A court bases on the appealing cases,takes“Intervene early to resolve disputes ”as a guiding ideology,actively exploring and experimenting,establish and implement “The parties to the appeal are invited to discuss the case”system.(short for appeal appointment system).The third chapter the court appeal appointment system is based on practice,through the analysis of the exploration and practice of appeal appointment system,further elaborates the court of first instance through early intervention,to resolve the practice value,defining characteristics,system comparison,establishment conditions and institutional conception of the appellate case.It is proposed that this mechanism has the essence of ADR in the court,which emphasizes that it should be carried out on the premise that the appellant is voluntary and the former judge is no longer involved.In order to better protect and restrict the right of appeal in judicial practice,and thoroughly resolve the contradictions and disputes work.