浅议民事上诉审中禁止不利益变更原则

Opinions on the Principle of Prohibiting Disbenefit Alteration in the Hearing of Civil Appeal

目前民事上诉审中没有规定禁止不利益变更原则,以至于上诉人有可能承担上诉请求被驳回的结果。考虑到国际通行的相关立法,并考查我国目前的续审模式和诉讼利益,也分析了禁止不利益变更原则和当事人处分原则的关系和附带上诉的关系。建议在我国的民诉法当中加入禁止不利益变更原则。

Up to now,there is no stipulation concerning the principle of prohibiting disbenefit alteration civil appeal.That will perhaps lead to a result that the appeal may be rejected.Taking into account the international accepted legislation and surveying the present re-hearing mode in our country,this paper analyzes the relationship between the he principle of prohibiting disbenefit alteration and the principle of party＇s disposition,along with the relation of incidental appeal.It is proposed that the principle of prohibiting disbenefit alteration should be adopted in the civil procedural law of our country.