The Reform And Perfection Of The Second Instance Of Civil Litigation

According to the basic principles of the second instance procedure, the dissertation analyzes the disadvantages of the system and their deep reasons. The regulations of the second instance of the civil litigation should be reformed and perfected according to two principles which are procedural justice and litigation efficiency. The reform should base on the practice of our country and learn from foreign advanced legislations. The dissertation consists of four parts as well as preface and the conclusion.The preface covers the background and significance of the dissertation.Part one discusses the basic principles of the second instance procedure. The dissertation regards the second instance as a remedy procedure. The purpose of the procedure is to insure the judgment's properness. It is not exact to recognize the second instance as a procedure to correct faults. The functions of the second instance procedure are as follows: correct errors made by the court or tribunal below, insure uniformly application of the law, release dissatisfaction of the litigants, supervise and share responsibility of the court below. There are three legislative models of the second instance which are re-hearing, post hearing and continuous hearing.Part two analyzes the disadvantages of the second instance procedure in civil litigation. The conditions of the commencement of the second instance are too broad. The procedural status of the two parties is unequal. There are some flaws of the counterclaim system in theory. In addition, the trial mode is too simple and there is no system to protect the interests of the appellant.Part three puts forward the values pursued in the reform of the second instance procedure in our civil litigation. The regulations of the second instance procedure...