Research On The Interests Of Civil Appeals

The interest of civil appeal is the continued existence form of the interest of the first instance in the appeal procedure,and it is the object of the court of appeal.In the civil litigation theory and practice of civil law countries or regions,the civil appeal interest is of great significance to the reasonable allocation of appeal trial resources and the protection of the parties' civil appeal right.In China's current civil litigation legislation,there is no specific provisions on the interests of civil appeal.After entering the new century,with the prosperity and development of China's market economy,a large number of practical activities of civil dispute subjects to solve disputes by means of litigation have emerged,and the continuous growth of litigation cases has brought great trial pressure to the court.At the same time,the setting of appeal conditions in China is too broad.In fact,it means that the right of appeal is a universal and natural right.Any case can start the second instance procedure because one party submits the appeal petition,which will inevitably bring a series of problems:no matter the amount of the litigation object,whether the case is complex or not,and no matter what the parties are for Objective appeal may start the second instance procedure,which will lead to appeal speculation and waste of judicial resources.In order to solve these problems and make up for the defects in the design of civil appeal procedure,we can learn from the system principle of civil appeal interest in civil law countries and regions.Therefore,this paper introduces the basic theory of civil appeal interests and the differences of views in academic circles.Combining with the current situation of civil litigation practice in China,this paper analyzes the necessity of practicing civil appeal interest in China's civil litigation system,and puts forward the idea of institutionalizing the implementation of civil appeal interest.The first part is the theoretical research on the interests of civil appeal.This part first introduces the basic theory of civil appeal interest,and distinguishes and defines the civil appeal interest and related concepts.Secondly,it analyzes and summarizes the relevant academic viewpoints of civil appeal interest from the connotation,nature and identification standard of civil appeal interest.The second part is the analysis of legislation and practice of civil appeal interest in China.Although there have been some provisions on the interests of civil appeal in the revised version of the civil procedure law,so far,the previous amendments of thecivil procedure law have not made specific provisions on the interests of civil appeal.In the civil judicial practice,there are judgment documents that use the interests of civil appeal to judge the important elements.However,due to the absence of the principle of the system of civil appeal interests,the determination of appeal interests is not unified in our judicial trial.At the same time,from the time point of our country's judgment of civil appeal interest,there is also the risk of system application alienation.The third part is about the legislation of foreign civil appeal interest.In the legislation of the countries and regions of the continental law system and the common law system,the system of judging the interests of civil appeal is embodied in the system of the amount of appeal interest and the system of permission to appeal.This paper analyzes and compares the principles of interest related system of civil appeal in Germany,Japan and Britain,and on this basis,combined with the current situation of China's system implementation,forms some system enlightenment for China's analysis and reference.The fourth part is about the system assumption of the important elements of civil appeal interest in China.The establishment of civil appeal interest standard has theoretical basis and system value.More importantly,the establishment of this standard has practical necessity and plays a very important role in playing the role of civil appeal interest.At the same time,in order to protect the litigation rights of both parties,it is necessary to increase the principle of prohibiting the alteration of interests,the incidental appeal system and the optimization of the review system,so as to make the whole civil appeal procedure more reasonable.