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Study On The Interests Of Appeal

Posted on:2017-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:M F JiaFull Text:PDF
GTID:2206330485967669Subject:Law
Abstract/Summary:PDF Full Text Request
Appeal interest is in the interests of the appeals stage specific performance. The appeal was accepted as a condition of the appeal judgment interest will directly determine whether the parties appeals court admissibility. Procedural Taiwan, China and some other civil law countries are considered, the appeal of the first instance judge shall not benefit the appellant, that the appellant should have appealed the interests of the appeal, which is set to appeal to a higher access threshold.However, the Civil Procedure Law does not specify the conditions of appeal, thereby causing the parties to abuse the right to appeal, their great harm. The establishment of standards in the interests of the appeal of having a real necessity and should be constructed by the relevant system. This will be of interest as a basis for an appeal, focusing on existing problems and improve the system of Second Instance of Civil recommendations.Germany, Japan and China’s Taiwan region for appeal prescribed interest relatively well, there are specific provisions for appeals in the interest of the legislation, but in judicial practice, it is stipulated that the interests of the appeal, judicial activities are relatively more stable. Therefore, in our legislation and judicial practice, it is necessary to raise interest appeal, the relevant institutions should be created, mainly to clear through the relevant institutions.This will be of interest as a basis for appeal, first introduces the basic concepts and benefits of appeal connotation, followed by analysis of the current status of the judiciary, in order to raise the importance of the introduction of the interests of the appeal, but also in accordance with China’s actual situation to select the appropriate theory and related systems specific measures and architecture, and finally, in accordance with the reality of our country, the interests of appeal put forward ideas.
Keywords/Search Tags:Interest appeal, Appeal Requirements, Faith, Rules and regulation
PDF Full Text Request
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