On the right of appeal in civil protection Dilemma
|Keywords||civil litigious right abuse of litigious right protection of the litigious right|
The civil litigation is intended to launch procedure request the court to protect the fundamental rights of trial. This article from the basic meaning of right of appeal, the significance of structure, litigation security analysis of three points right guarantee theory questions. Through the analysis of our civil litigation security dilemma performance in China in the right perspective, the constitutional guarantee and judicial protection, and points out existing flaws infringement litigation and parties to the court of appeal discourages civil litigation abuse of the main cause of ensuring the realization. Through the reference of foreign experience, realize right safeguard civil litigation law system is to ensure the most efficient barrier, from the constitutional guarantee system to establish and perfect the startup procedure system two aspects, establish compensation mechanism, improve right guarantee, legal aid system in China is the inevitable choice of civil judicial reform.