Definition Of The Scope Of Appeal Interest In The Reasons For Judgment In China

In cases If the parties do not object to the main text of the judgment and only appeal against the reasons of the judgment,the admissibility of the court is related to the balance between the protection of the right to appeal,the efficiency of litigation and the stability of the law and other values.The scope of appeal admissibility is too broad in our law,which leads to the confusion of whether the court admits the appeal of the parties on the grounds of the judgment.With regard to the determination of appeal admissibility,according to the provisions of our legislation,the current judicial situation and the provisions of comparative foreign law on appeal proceedings,we establish the system of leave to appeal as our appeal admissibility mechanism,and make the appeal interest as the substantive admissibility element of the second trial.In terms of the definition of the scope of appeal interest,the objective scope of res judicata should be used to determine the scope of appeal interest,and the objective scope of res judicata should be amended by adopting the theory of relative subject matter of litigation to give res judicata effect to the important facts in the grounds of judgment and the focus of dispute,so as to determine that the scope of appeal interest covers part of the matters in the grounds of judgment.The appellate court should exclude the contents that do not fall within the objective scope of res judicata and adopt the standard of "formal objection" and "new substantive law objection" for the matters within the scope of appeal.