On The Establishment And Application Of The Principle Of Prohibiting Non-interest Change In Civil Appeal

The prohibition of the principle of non-interest change is a basic principle in the appeal procedure established by the civil law countries.It reflects the court's respect for the disposition and appeal rights of the parties,including the purpose of maintaining the appeal system,implementing the principle of disciplinary action,and maintaining the passive neutrality of the court.Institutional value,status,restrictions on the jurisdiction of the Court of Appeal,and the predictability of judicial decisions.Chinese legislation has not established the principle of prohibiting non-interest change.In order to successfully transplant this principle,we should first examine China's current system and judicial practice environment.China's current second-instance trial scope system has the same institutional structure as the prohibition of non-interest change principle.It can provide experience for the establishment and application of the prohibition of non-interest change principle by means of the judicial application status of the trial scope system.The appeal of the parties is not specific,the boundary of the scope of the trial is unclear,and the shackles of the traditional concept of litigation will be a potential obstacle to the application of the principle of non-interest change in China.China should first establish a law prohibiting the principle of non-interest change in legislation,giving judges sufficient restraint and clear guidelines.The exceptions to this principle are further standardized and operational.Only in the case of a first-instance judgment that violates the norms prohibited by law,or damages the legitimate rights and interests of others other than the parties to the case and the subject matter of the case directly involves the public interest,the court may extend the review jurisdiction of the court of second instance without being prohibited from changing the principle of non-interest change.Specification.As an incidental appeal system of the supporting system,it can neutralize the strong protection of the appellant against the principle of non-interest change,and balance the litigation status and opportunity of the parties.