我国民事附带上诉制度研究

Study on the System of Civil Incidental Appeal in China

目前,我国的民事案件数量激增,特别是民事上诉案件的数量居高不下,这使得我国“案多人少”的现象愈加严重,不仅增加了二审法院的审理负担,也增加了当事人的诉累,严重影响了民事审判的诉讼效率和司法权威。另外,我国目前的二审程序对于被上诉人的保障还存在一定的缺漏,导致二审程序的中立性和救济性出现“滑坡”现象,有违二审程序的设立初衷。再者,我国民事诉讼制度的设计缺陷也导致了当事人滥用上诉权、故意拖延诉讼等不良现象,既损害了被上诉人的利益,也浪费了国家的司法资源。鉴于上述问题,为了平等保护双方当事人诉讼权益、鼓励当事人息诉服判、节约司法资源等目标,本文主要通过对域外的民事附带上诉制度进行分析和探讨,立足于我国的民事审判实践,对我国设立民事附带上诉制度的必要性和可行性进行探析,最终提出我国民事附带上诉制度的构建思路,为进一步完善我国的民事诉讼程序提供有益经验。

At present, the number of civil cases in China has increased sharply, especially the number of civil appeals, which makes the phenomenon of “more cases, fewer people” more serious, not only increasing the burden of trial of the court of second instance, but also increasing the burden of litigation of the parties, seriously affecting the efficiency of civil trials and judicial authority. In addition, the current second instance procedure in China still has some deficiencies in the protection of the appellee, which leads to a “landslide” in the neutrality and relief of the second instance procedure, which is contrary to the original intention of the second instance procedure. Moreover, the defects in the design of the civil litigation system in China have also led to the abuse of the right of appeal by the parties and the deliberate delay of litigation, which not only harms the interests of the appellee, but also wastes the judicial resources of the country. In view of the above problems, in order to equally protect the litigation rights and interests of both parties, encourage the parties to stop litigation and serve the sentence, save judicial resources and other goals, this paper mainly analyzes and discusses the extraterritorial system of incidental civil appeal, based on China’s civil trial practice, analyzes the necessity and feasibility of establishing the system of incidental civil appeal, and finally puts forward the idea of building China’s system of incidental civil appeal, to further improve the civil procedure in China to provide useful experience.