On The Civil Interest Of Appeal

With the prosperity and development of Chinese socialist market economy and the gradual improvement of the legal system,people’s awareness of using legal weapons to protect their rights is becoming more and more strong.In the process of economic development,the emergence of complicated and diversified disputes,and the surge of the number of litigation cases have led to the "litigation explosion".At present,with the advancement of the reform of the trial-level functions of four-level courts in China,and the huge increase of the target amount of the civil cases accepted by the intermediate people’s court,the focus of the trial has settled on the primary people’s court.Accurately positioning the role and function configuration of the four-level courts is an inevitable choice to give full play to the functions of the people’s courts to realize judicial fairness and justice,and to meet the judicial needs of the people.However,the Civil Procedure Law of China only stipulates the conditions of the appeal in form,and there is no procedural screening mechanism to filter the appeal when the appellant doesn’t own litigation interests,excessive emphasis on the protection and relief to the parties’ right of appeal.Regardless of the first-instance judgment,as long as the parties appeal to the court and conform to the law of the appeal conditions,the second instance procedure will be initiated and the appeal request of the appellant will be heard by the second instance court.Therefore,it will lead to the delay of litigation,malicious abuse of appeal right,appeal speculation and other phenomena,resulting in a waste of limited judicial resources.The defect of the current civil appeal procedure design in China lies in the absence of legislation of civil interest of appeal,failure to consider the civil interest of appeal as a factor in the legality of the appeal.In addition,in the process of appeal,there is a lack of review mechanism for the civil interest of appeal,as well as a lack of equal rights protection system for both parties and sanctions for the abuse of the appeal right.Therefore,under the background of the current reform of the trial-level functions of four-level courts,by sorting out the basic theories and theoretical controversies related to civil interest of appeal in the academic community,and analyzing the current legislative status and judicial practice of Chinese civil appeal system,it reveals the necessity of establishing civil interest of appeal in China through problems.Based on the experience of foreign countries and regions,suggestions are proposed for the establishment of civil interest of appeal in China.First of all,the basic theory of civil interest of appeal makes a brief overview of its concepts,nature and related concepts,and sorts out the theoretical views and theoretical disputes of civil interest of appeal in the academic community.Secondly,the present situation of the civil interest of appeal in our country,through the analysis of civil appeal interests legislation and judicial practice,the absence of civil interest of appeal element problems reveal,appeal conditions too broad affect litigation benefit value,the function of first instance and second instance court weakening,and cause the abuse of the right to appeal.Moreover,the external investigation and enlightenment of civil interest of appeal.From the perspective of comparative law,this paper summarizes the concept of the appeal system of countries and regions outside the region,takes the essence,and combines with the specific national conditions of China,and puts forward suggestions for the improvement of Chinese civil appeal system.Finally,the establishment of the civil interest of appeal in our country and the relevant system suggestions.By establishing the identification mechanism of civil interest of appeal,improving the appellate review mechanism based on civil interest of appeal,establishing the civil appeal permit system to screen the cases entering the second trial,and establishing the system of prohibiting the change and imposing sanctions on the abuse of the right of appeal.