The Reasonable Limitation Of The Civil Right Of Appeal

At present,the procedure of civil procedure appeal in China does not impose reasonable restriction on the civil right of appeal,which leaves room for the parties to abuse the civil right of appeal at the legal level.In recent years,civil cases and appellate cases have increased explosively.It is imminent to build reasonable limitation of the civil right of appeal of the legal system,for which abuse of the right of appeal intensified,infringes upon the lawful rights and interests,the waste of judicial resources,influence judicial authority,and hinder the realization of fairness and justice.The text is divided into five parts.The first part,the judicial practice reason and the actual demand of the civil right of appeal were obtained for the data analysis of the cases from 2014 to 2016.By analyzing the data from the three years,the change of right of appeal,back rate and the sentence right did not show the same change trend,nor a linear growth trend,especially the tort liability disputes,contract dispute and labor dispute.The probability of remaking or reserving of above-mentioned main types cases instead more low in the highest annual cases on appeal.It means that the abuse of the civil right of appeal becomes more and more serious,the reasonable limitation of the civil right of appeal has the realistic demand;this part aslo discusses the specific performance of the judicial practice demand of reasonable limitation of the civil right of appeal and the reason of abuse of right of appeal.By concluding common three kinds of abuse of right of appeal case in the judicial practice,we put forward that the abuse of right of appeal is the essence of infringement,Which achieve the purpose of illegal in the form of a legal surface,tired to the other party in a lawsuit,the legitimate interests of the damage to the other party,the waste of judicial resources,destroy the law of justice value,efficiency value,influence the process of our rule of law.One of the reasons for the abuse of right of appeal is the legal system lacks the reasonable limitation of right of appeal,which lead to the accesibility and results of self-interest of abuse of right of appeal brings out the high availability or effectiveness in the lawsuit behavior choice.The second part analyzes the legal basis of reasonable limitation of civil right of appeal.The right of appeal is a procedural right that should be protected by law.,but the right boundary theory requires reasonable restriction of the right of appeal.And the state of law ispursuing the realization of the justice of the entity and procedure,also strive to fair and efficiency value.A benign law should be the unity of fair value and efficiency value,which guides people act positively and comments positively on others.Citizens also shall follow the principle of honesty and credit,by exercising the civil litigation rights legitimately.The abuse of the right of appeal violates the principle of honesty and credibility.,reduces litigation efficiency maliciously that should be contained.The third part introduces the legal regulation of restricting the civil right of appeal of representative countries of two leglal systems.The permission of appellate review system,the incidental appeal system and system of sanctions against abuse of the right of appeal of Britain,Germany,Japan,France and other countries can be used to for reference in our country’s system.It also focused on introducing and analyzing the British appellate licensing review system.The fourth part discusses and analyzes the limited restrictions on the civil right of appeal of the present civil procedure law of our country through small litigation procedure of first instance of final appeal.This part also put forward that although it is convenient for judicial operation to decide whether to apply the small litigation procedure by the types and quantities of the case,it is not scientific and its effectiveness of curbinging the abuse of the right of appeal reduced greatly,and the program should be optimized.In the fifth part,the author focuses on the construction of the legal regulation of the civil right of litigation to construct the multi-level multidimensional degree of China under the backgroud of foreign expericence and China’s judicial practice.Draw lessons from Britain,Germany,France,Japan and other countries’ limitation of the legal regulating of the right of appeal,combining the situation of our social living environment,and civil legal literacy and the judicial practice,which construct China’s national conditions of limitation of legal regulation of the right of appeal.This part put forward the concrete measures and law construction,namely the cancellation for the limitation of the type and amount of small procedure,using the appeal review authorization of a single standard to evaluate whether granted appeal case,clearly establish the judical rule of the civil litigation rights must not abuse,establish whether have appeal interest as the core of appellate review system and specific standards,build system of incidental appeal by introducing the concept of economic game theory to guide the both sides of legal game to come into being a Nash equilibrium,punish abusing of the right of appeal.Above measures form a layer on complete,sphericallegal regulations on the abuse of right of appeal form,through increasing the economic and legal costs of abusing of right of appeal to let the intention of the abuse of right of appeal party had to be wary,for which curb abuse of right of appeal,guide the public exercise the right of appeal properly,maintain judicial fairness and social fairness and justice.