英文摘要 |
The Supreme Court is the court of final appeal and no appeal may be taken to the court of third instance except on the ground that the original judgment is in contravention of the laws and regulations. Article 469 of the Code of Civil Procedure lists six types of reasons that shall be deemed to be in contravention of the laws and regulations. Subparagraph 6 of which is called “the judgment does not provide reasons” is widely used in practice, but its connotation is still doubtful. At the same time, there is another Article 477-1 of the same Code and its application with the above subparagraph has also caused many disputes. In response to the above issues, this article not only introduces the current status of practice, but also analyzes the issues that need to be discussed based on methodological interpretation methods, in order to implement the purpose of amending the appeal system of the court of third instance and provide guidance on the appropriate interpretation of relevant provisions in the future. |