On The Principle Of Prohibiting The Change Of Adverse Interests In Civil Appeal

From the perspective of civil procedural law of various countries,the principle of prohibiting alteration of unfavorable interests has been established mainly in continental law countries,but it is also applied in judicial practice in Anglo-American law countries,while China has not established the principle of prohibiting alteration of unfavorable interests.Due to the lack of legal basis in the process of trial of real cases,the principle of protecting the parties' right of disposition and restricting judges' jurisdiction exists in an indispensable way in the actual operation.In the process of practice,some judges try cases according to this principle,while some judges only judge cases according to the existing legal provisions,because each judge's experience is not enough.First,the accepted people should be treated fairly and fairly when facing the same situation.If this phenomenon existed in the past for a long time,it would seriously reduce the difference in theoretical study of the company.Therefore,in the actual trial,there may be different judgments in the same case,and all public law is credible.This paper will analyze and study the importance of establishing this principle from the concept of prohibiting unfavorable alteration.The structure of this paper is mainly divided into four aspects,each of which has its own focus:The first chapter mainly introduces the definition and development of the principle of prohibiting unfavorable alteration in academia.This part first introduces the connotation of the principle of prohibiting unfavorable alteration,then lists other principles closely related to it,and analyses the role that this principle brings to us.The second part,the provisions and Enlightenment of the principle of prohibiting alteration of unfavorable interests in civil appeals abroad.This part mainly through the investigation of the legislative and theoretical status of civil law system and common law system countries or regions,to provide strong guidance for the establishment of this principle in our country.The third part is about the necessity and feasibility of establishing the principle of prohibiting the alteration of unfavorable interests in China's legislation.In this part,the necessity and feasibility of establishing the principle of prohibiting unfavorable benefit alteration are clarified by analyzing the existing problems from the current situation of our country.The fourth part is to construct the concrete assumption of prohibiting unfavorable benefit alteration principle.The perfection and development of the civil procedure law will promote the reform of the judicial system,so we should also introduce the principle of prohibiting the change of unfavorable interests with the development of society and establish a correct concept of litigation.This paper mainly introduces the author's research on the principle of prohibiting unfavorable alteration in civil appeal in the above four parts,and inserts the construction of supporting measures in order to speed up the reform of appeal procedure in China.