A Study On The Principle Of Prohibition Of Alteration With Prejudice

According to the principle of prohibition of alteration,the appellate court should make a decision in the scope of appellant’s appeal,but not beyond the scope.This principle is not established in China,so it is often the case that the appellate court decides against the appellant beyond the scope of the appeal.Scholars have given many definitions to this principle,the principle of multiple definitions to analysis and find out the most suitable definition for later launched to provide theoretical basis for smoothly.No interests includes both entity and procedure,the judgment standard is the main text of the judgment but not the reason for the judgment.This principle is of great significance in realizing the purpose of appeal,safeguarding the disposition right of the parties and reflecting the doctrine of the parties.Through the investigation of the relevant regulations outside the region,it is through the limitation of the judge’s jurisdiction to reflect the the principle of prohibition of alteration.Therefore,the establishment of this principle in our country should also start from the limitation of judge’s jurisdiction,and set up the collateral appeal system to protect the interests of the appellant.Although the principle of prohibition of alteration with prejudice does not exist in China,there are legislative and judicial bases related to this principle.There are similar provisions in legislation and judicial precedents often refer to this principle as reasoning.Article 323 of China’s interpretation of public appeal stipulates that a judge may exceed the appeal request in four cases of explanatory exceptions.Through analyzing relevant cases,a simple interpretation of the four explanatory exceptions is made in order to form a normative operation.The "tobacco case" that triggers the author’s topic selection does not violate the principle of prohibition of alteration with prejudice,and the key lies in the judgment of public interest.Building on this principle,we should do from both the concrete design and the establishment of supporting system.The concrete design aspect,this principle is a product of the parties,and therefore need to shift the litigation mode;In the legislation must judge by limiting the appeal request within the scope of the referee and reflect this principle.On the the establishment of supporting system,because the appeal condition in China is too simple,it is necessary to add the appeal interest as the appeal condition to prevent the appellant from abusing the appeal right due to the guarantee of the principle of prohibition of alteration with prejudice.Be fair,at the same time,the collateral appeal should be established to protect the benefit of the appellant.