On The Improvement Of The Applicate System

In China, the appellate system refers to the retrial made by the higher people's court according to the legal procedures when the party opposes to the fact or the application of the law in the judgment of first instance and institutes for the decision beneficial to himself or herself. The civil appellate system is an important constituent of the judicial mechanism. It performs the important functions, such as correcting the factual errors and the legal errors, realizing the remedies for rights, promoting the unification of the application of the law. Since the reform and opening to the outside world, the modern society has changed dramatically in China. As a result, the existing civil appellate system has become inadaptable to the goal of social justice and effect. In addition, it has been unable to resolve civil disputes so as to guarantee the lawful rights and interests of the party. Thus, the effective operation of the judicial system has been greatly affected. Taking this into consideration, it is urgent to improve and reconstruct the appellate system for performing its functions better and realizing its goals. The thesis begins with the concept of the appellate system, makes comparative study of the civil appellate system of foreign countries and Taiwan, and puts forwards suggestions on improvement based on the overall examination of the civil appellate system of China.