| 英文摘要 |
This article mainly discusses the purpose of the permission to third-instance appeal of the civil procedure, the purpose of third-instance appeal of civil litigation, the legislative model, the elements and the relief procedure of the disapproval of the appeal. In addition to the protection of the interests of ordinary people, does the third-instance appeal in civil litigation include the interests of protecting the parties to obtain correct and fair judgments? In the third-instance appeal of civil litigation in Taiwan, regardless of the circumstances of the absolute or relative appeal grounds, if the benefit obtained from the appeal is less than NT$1.5 million, the appeal shall not be permitted to the third-instance court, and the past third-instance court will still be retained（Amount appeal system）. However, from the point of view of protecting the party’s third-instance appeal right and implementing the third-instance permission to appeal to protect the interests of ordinary people, whether it is necessary to continue to exist requires further analysis in this article. Furthermore, according to the provisions of Article 469-1 of Taiwan’s current Civil Procedure Law, only in the case of a general violation of the law, the third-instance court must judge whether there is a reason for the permission of the second item of Article 469-1. In the case of natural violations of laws and regulations, as long as the amount of the appeal exceeds NT$1.5 million, the appeal can be made to the third instance, and there is no need for the third instance court to judge whether it has the permission reasons in Article 469-1. However, Article 543 of the German Code of Civil Procedure holds that no matter whether it is an absolute ground of appeal or a relative ground of appeal, there must be situations in which the continuation of the law is practiced, the consistency of judgment is ensured, or the legal matter is of principle importance. What kind of legislative model is more appropriate has also become the core focus of this study. |
