我国民事诉讼法对上诉审结构规定不明确,已经给司法实践造成了混乱,在立法上进行规范和统一势在必行。在复审制、续审制、事后审制三种上诉审结构类型中,我国民事诉讼法选择设立事后审制,是提高民事上诉程序效益的最佳选择,是限制当事人滥用上诉权的治本之策,是强化民事一审事实审功能的有效措施,是民事上诉确立禁止不利益变更原则的程序保障,是解决当事人无休止申请再审的前提和基础。为确保事后审制改革真正落到实处,与其密切相关的举证时效制度、当事人上诉范围、上诉案件的审理方式、审理性质、裁判等,都必须改革和完善。 China’s Civil Procedure Law has not defined the structure of the appellate trial, which has caused confusion to the judicial practice. It is imperative to regulate and unify the legislation. In the three types of appellate structures of reviewing, adjudication and ex-post-trial, the choice of ex-ante trial of civil procedural law in our country is the best choice to improve the efficiency of the civil appeals procedure, and is the remedy to restrain the parties from abusing the right of appeal Is an effective measure to strengthen the trial function of the first instance of civil trial and is the procedural guarantee for the establishment of the principle of no-benefit change in civil appeals. It is also the precondition and basis for resolving the parties’ endless application for retrial. In order to ensure that the trial reform after the trial is actually implemented, the system of the limitation of proof, the scope of the parties’ appeals, the way of handling the appeal cases, the nature of the trial and the adjudication are all necessary reforms and improvements.