The Research Of Incidental Appeal Of Civil Procedures

Incidental appeal is an important system in civil procedural codes in civil-lawstates,and it is prescribed in the civil procedural codes of the civil law countries andintegrated parts of China,however,incidental appeal system is not literally laid downin civil procedural code of mainland China.Therefore,I take incidental appeal as thetheme of my dissertation paper,introduce the legislations with connection to incidentalappeal in the civil law countries and integrated parts of China,discourses on thetheoretical necessity of incidental appeal,put forth the procedural regulation ofincidental appeal,and examine the construction of incidental appeal in mainlandChina,in the hope of making our civil procedural code better.In addition to the introduction and conclusion,the text,a total of more than30,000words,is divided into three parts.The first part discusses the legislations and the theoretical necessity of incidentalappeal.From the connection with court system and appeal system,lead to thelegislations of incidental appeal,in the perspective of incidental appeal in the secondinstance,under the definition of the concept of incidental appeal,among the twotheories about the nature of incidental appeal,I reconcile myself with the idea thatincidental appeal in nature is appeal.Next,analyzes the theoretical basis of incidentalappeal from the principle of equally protect parties involved,justice ofaction,economics of action.The second part focuses on the the procedural regulation of incidental appeal.Itexplains the basis,the proper part,the content,the deadline,proposed program ofincidental appeal,put forth how to handle if the appellee had exercised his right toappeal or abandoned incidental appeal,therefore explains how to hear a case and makea judgment about incidental appeal.The third part examines the construction of incidental appeal in mainland China.It put forwards three-point of feasibility of incidental appeal from the principle of the appealable interest,limited review for second-instance court and the principleagainst deteriorative alterations,two-points of necessity of equally protecting partiesinvolved and curbing irrational appeal.Therefore,this dissertation paper adoptscomparative research,making a study on the legislations of the civil law countries andintegrated parts of China,considering the civil procedural code of mainland China,thejudicial environment,litigation idea,examining the construction of incidental appeal inmainland China,and drafting a legislative proposal.