Civil cases of second instance trial should be to appeal for trial
In 1991 the civil procedure law, the civil procedure law in China 151st clearly stipulates: "the people's Court of second instance on the review of the appeal of the relevant facts and the application of the law, if found in the appeal outside the original wrong, it should be corrected." (referred to as the "opinions").
The Supreme People's Court on June 29, 1998 "reform of civil trial regulations" thirty-fifth article: "the trial of the second instance shall on the scope of the appeal is, if the parties do not raise request, not review." (referred to as "Regulations")
Visible, our country to the civil cases of second instance trial scope, has experienced a "comprehensive review" to"Only the appealThe development process "
"Regulations" in the interpretation of the "appeal" as the basic range position. If in the civil procedure law, article 151st defines "appeal" the scope, "opinions" 183184th contains "appeal" point of view: the provisions of article 183rd "must participate in the proceedings did not participate in the action in the first instance, the people's Court of second instance shall mediation the parties on a voluntary basis, if the mediation fails,Remand." Rule 184th: "in the second trial procedure, the plaintiff to increase independent litigation request or the defendant filed a counterclaim, the people's Court of second instance can the parties on a voluntary basis on the new claim or counterclaim for mediation, the mediation fails, inform the partiesBe prosecuted." A separate lawsuit way not by the Supreme People's court "opinion" in the mediation, the mediation agreement can reach things are rarely in practice, so this practice shows that the people's court in principle allow appeal beyond the scope of the claim, the appeal is the intermediate court of appeal, and there is a restrictive conditions.

How to define the scope of the appeal?
From the two aspects of quality and quantity to determine:
From the volume point of view, is determined by the number of cases in litigation request
If the case is only a legal relationship, a claim, the claim about the content, so the whole case facts and the application of the law to review;
If the case has a number of claims, the claims there is no legal interest, the appellant disagrees with only one request the decision of the review, only refers to the request of the facts and the application of the law;
If the case has a number of claims, the appellant dissatisfied with one or several request the decision and the appeal, if other request that one or several requests and the interest, then with relevant facts and the application of the law review;

From the view of quality, is to see whether the claim form new v.
The appellant appeals request may be less than, greater than or equal to the claim.
When the appeal is less than the litigation request, on the basis of the principle of disposition, the court should respect the right of the parties concerned, as the appellant's appeal trial;
When the appeal is equal to the litigation request, the court shall review;
When the appeal beyond the litigation request, such as the increase in the lawsuit, filed a counterclaim. Whether the court for the trial, should look beyond the litigation request part is a new action, if action of the first impression, the court shall notify the parties be prosecuted; if no action of the first impression, only to revise and supplement the original litigation request, the court should carry out trial. For instance a instance based bring is different from the first trial procedure, prosecution and the right to appeal is different rights, once a new lawsuit, should be in accordance with the procedure of first instance proceedings.