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长期以来,民事诉讼当事人不服一审裁判,上诉状应当递交给原一审法院,上诉费要交多少也由原一审法院确定,民事案件二审程序的最先受理的法院是原审人民法院(一审法院)。民事案件二审的一部分工作要由原一审的人民法院来完成。这种法律设计混淆了一、二审法院的审理职能,既不合乎情理,又有悖民事诉讼法基本原则,弊病多多,瑕疵多多,应适时修正完善。
For a long time, the parties to the civil proceedings refuse to accept the first instance verdict, and the appellate form should be handed over to the original court of first instance. The amount of the appeal fee to be paid is also determined by the court of first instance. The court that first accepted the second instance of civil cases is the people’s court of trial (court of first instance). Part of the second instance civil case work to be completed by the people’s court of the first instance. This kind of legal design confused the trial functions of the courts of first and second instance is neither reasonable nor contrary to the basic principles of civil procedure law. There are many drawbacks and many flaws, which should be corrected in time.