New Exploration of 'Full Review' in Trial of Second Instance in People's Republic of China

摘要

China implements the system of the court of second instance being the court of last instance, and the trial of second instance undertakes the important task of correcting errors in the procedure first instance and the application of law, and safeguarding the legitimate rights and interests of the parties. In view of the special features of the function and procedure of the trial of second instance, it is not a review system in a strict sense. Therefore, the principle of "full review" can be understood from two aspects: the court shall focus on the trial of the objection declared by the party, and in order to ensure the correctness of the effective judgment, it shall also conduct a second review of the recognition other than the grounds for appeal, and shall not be subject to the limitation of appeal or protest.