On Perfection Of Civil Appeal System In Our Country

The appeal system is an important part of the Civil Procedure Law in our country.It not only has the function of safeguarding the rights and interests of the people at that time,but also maintains the authority of the judiciary and the uniform and applicable function of the law.Therefore,Very important role.However,with the development of the times,some systems in the civil appeal system have not been well adapted to the needs of the society.First of all,the first part is mainly about some basic theory of civil appeal system in our country.This part mainly refers to the concept of civil appeal system: Appeal means the first instance judgment,ruling or review decision made by the parties to the court that has not been legally effective.During the legal period,according to the law,Trial activity.There is also the value of a civil appeal system.These values include the value of balancing fairness and efficiency,the value of judicial finality,and the value of balancing private and public purposes.The second part is an analysis of the current system of civil appeals in our country.In this part is divided into two small parts.The first small part analyzes the current situation of civil appeals system in our country.Including the second instance of final adjudication,the degree of obeying the court decisions is gradually decreasing,various kinds of appeals and appeals often occur.The second is that as the economy The types of cases are more and more diversified,and the legal relationship of various cases is also becoming more and more complicated.The judges’ ability and energy to work will be insufficient.As a result,the difficulty of cases will increase,resulting in certain unjust and false cases;The third point is that in civil litigation,the same type of cases are often the same type of cases are different referee results,mainly because of the different levels of judges around the country,leading to the result of the referee is not sure,will make the parties It’s hard to believe in the law.The second part mainly discusses some issues in the system of civil appeal in our country.Including the too broad appeals conditions lead to the waste of judicial resources.The conditions for the appeals of the parties are too broad,so that the litigants will bring them to the higher court Appeal.This undoubtedly is a waste of judicial resources.In fact,many cases are not worth the interest of appealing.Some of them are serving other interests to delay their appeal by appealing: the level of the Court of Final Appeal is too low to guarantee the judicial As a result of the restriction of its own conditions,courts in different regions,different from one another,have different judgments on the same type of cases,thus affecting the judicial authority and the uniform application of laws: That is,the factual trial and the legal trial are both balanced.The first instance and the second instance are mainly concerned with the factual issues,and there is no adequate review of the legal application issues.And analysis of the causes of the problems in our country ’s appeal system.The third part is some suggestions about reconstructing the appeal system in our country: that is,the fourth-level third-instance final trial system under the limited three-trial system.The Higher People’s Court and the Supreme People’s Court serve as the courts of third instance for our third instance.At the same time,the Higher People’s Court has to assume part of the second instance cases.Their main duty is to guide the uniform application of laws of lower courts.In the reconstructed limited third instance system,the second instance procedure not only examines the facts of the case,but also examines the applicable legal aspects of the case,that is,the principle of comprehensive review conducted in the second instance procedure : The third trial procedure only examines the legal adaptation of the case,instead of examining the facts of the case and confirms the fact that the third trial procedure carries out the principle of written examination,that is to say,the trial of unnecessary cases And this is not only convenient for the parties,reducing litigation,but also saving judicial resources.At the same time,the third trial should also implement the appeal permission system,which means that while the party is allowed to bring the third trial system according to law,it is for the court itself to decide whether the third trial court should accept the case.Another system is the leapfrog appeal system,which means that if after the first instance court tried the case,both parties have no problem with the facts found by the court and only have objections to the application of the law,then the two parties reached a written agreement through consultation,You can appeal directly to the court of third instance.