On The Limitation Of The Right Of Civil Appeal

As a very important right in the field of civil procedure,the right of civil appeal has the attributes of disposition and formation,which should be reasonably guaranteed.However,the law is not only a weapon to protect the exercise of rights,but also an effective tool to limit the abuse of rights.The provisions of our civil procedure law on appeal conditions are relatively broad,although the parties may be protected to a certain extent At the same time,it may cause the abuse of the right of appeal,waste judicial resources,cause great burden to the courts at all levels,weaken the authority of the court of first instance,and damage the legitimate rights and interests of the other party.The theoretical circles have the same views on the restriction of the right of appeal,but how to balance the relationship between the restriction and the protection,and how to reasonably restrict the right of appeal is still a difficult problem.Through the analysis of the case data of China's judicial document network on the appeal situation in recent years,we can reveal the overall situation of China's appeal rate and development and reform rate,show the judicial practice of China's appeal through real data,and provide data for the reasonable restriction of the right to appeal.China has not yet incorporated the interests of appeal into the law,but the introduction of the interests of appeal as the essential elements of appeal has been the trend of development in various countries,and it is indeed worth learning for China,but there is still a long way to go for China to formulate the corresponding legal system according to its own national conditions.It has become a trend in the world to establish the system of appeal permission.Although it is more suitable for the second instance to be appealed in the system of third instance and final instance,the idea of necessary review of appeal contained in the system is also an important way to solve the current problems in China,which plays an important role in reasonably limiting the right of appeal and saving judicial resources,but the corresponding system construction still needs to be done Only in this way can we give full play to its advantages.This paper is divided into five parts.The first part is the introduction,which introduces the background and significance of the topic,the research status at home and abroad and the research methods of this paper.The second part introduces the necessity of limiting the right of appeal,the rationality of protecting the right of appeal and the coordination between the right of appeal and the right of appeal.In the third part,through the analysis of the case samples of the judgment document network,we can find out several judicial situations of civil appeal in our country.The fourth part puts forward several problems of the reasonable limitation of the civil appeal right through the analysis of the current situation.The fifth part,aiming at the current situation and problems,draws lessons from the experience outside the region,puts forward the reasonable Suggestions to limit the appeal right suitable for China's national conditions,deepen the understanding of the appeal interest,establish the appeal review system,and establish the punishment measures for abusing the appeal right.