Abstract

Judicial practice of the principle of prohibition of alteration with prejudice in the civil litigation

Author(s):Jing Gui, Yan Gong

There is avery important "principle of prohibition of alteration with prejudice" in judicial practice of civil litigation, "principle of prohibition of alteration with prejudice" can ensure that the Court of Appeal make the judgment only in the appeal range, which unable to make even more detrimental to the above person verdict. From the global point of view, whether it is civil law countries, or common law countries have take the "principle of prohibition of alteration with prejudice "into the judicial practice. But from judicial environment, many experts and scholars have controversial of "principle of prohibition of alteration with prejudice". This study by literature research and data analysis to point out that although judicial environment and "principle of prohibition of alteration with prejudice "has some conflict, but the application of "principle of prohibition of alteration with prejudice " is the general trend. This study made a detail introduction of "principle of prohibition of alteration with prejudice", analyzed the conflict between "principle of prohibition of alteration with prejudice "with judicial environment, and proposed rationalization proposals in judicial practice how to properly use "principle of prohibition of alteration with prejudice ".