Research On The Appeal Rate Of Civil Litigation And Related Issues

The appeal-rate is the proportion of appeals in all appealable cases within a certain period of time.On the one hand,the appeal-rate reflects the proportion of the parties using the appeal procedure in practice,on the other hand,it corresponds to the potential expectations of the parties in the appeal procedure.The appeal process is one of the basic procedures of the proceedings.The appeal-rate is an important indicator to measure the operation effect and the judicial service quality of the appeal procedure.This paper selects three intermediate people's courts of A province,which called J city,K city and L city,as samples to make an empirical study of the civil appeal-rate with data collection,analysis and sample survey.This article distinguishes between the judgment appeal-rate and the ruling appeal-rate.For the judgment appeal-rate,J city is the highest in the three cities,but the overall trend is fluctuations.Although the initial appeal-rate is not high in K city and L city,it can be seen that the trend is on the rise.For the ruling appeal-rate,the appeal-rate of declining to accept a prosecution has changed in 2016,and the appeal-rate of lawsuit rejected has also changed in the same year.The appeal-rate of objection to jurisdiction may be declining.On horizontal comparison,the ruling-appeal doesn't account for more than 15%of all appeals,most of them are resolved in the register court or the speedy court,but there is a tendency to return to the business court On vertical comparisons,appeals of objection to jurisdiction accounted for the highest proportion,the great majority,of all ruling appeals,but the proportion have been declining.The ratio of declining to accept a prosecution has not been high,and it has a decline in 2016.This paper mainly discusses four factors that may affect the appeal-rate,such as lawyer's agent,litigation fee,types of cases and the applicable process of first trial procedure.Types of cases contain legal changes.The appeal-rate has a certain relationship with the rate of lawyer's agent,which is mainly reflected that the lawyer allows the parties to treat the appeal more rationally at the appeal process,or as possible as to avoid the legal risk before the parties take legal acts or the dispute arises.As a result,the appeal-rate is reducing.It can be considered that low litigation fee may lead to more appeals by analyzing the situation of appeal-rate of labor dispute cases and recourse for maintenance and childcare fees cases.Maybe the reason of the low appeal-rate in divorce cases is the six-month repeat period of litigation under the Civil Procedure Law.The appeal-rate of cases types related to the Company Law and the Consumer Protection Law may maintain the same level due to the rule differences are reduced The amount of disputed subject has a correlation with the appeal-rate.The appeal-rate is related to the applicable process of.Generally,it can be considered that the appeal-rate of general procedure of first trial procedure is higher than that of summary procedure of first trial procedure.It can be considered that the appeal-rate in developed coastal areas of China is relatively healthy by compared with foreign countries.The change in the appeal-rate may affect by the possibility of mediation and reconciliation in the appeal procedure and the preference of the appeal judge for mediation and reconciliation.