Civil appeal format 1
As an important document to protect the legitimate rights and interests of the parties, especially the losing party, the content structure of the appeal is generally composed of four parts: the first part, the appeal, the reasons for the appeal and the last part.
Now described as follows.
1. Header
This section should include the following four items:
(1) title.
That is, the name of the file, should I write the full name? Civil appeal? It is clearly stated that the nature of this document is that it refuses to accept the judgment or ruling of the people's court of first instance and requests the people's court of second instance to revoke, change the judgment of the original trial or retrial according to law. Don't just write? Appeal? , so that it won't be with? Criminal appeals and? Administrative appeal? Confused.
(2) Basic information of the appellant.
If the appellant is a citizen, it shall specify the necessary personal identity, including name, gender, age, nationality, native place, occupation, address, work unit, postal code, etc. If it is a legal person or any other organization, it shall indicate its name, address, postal code, name and position of its legal representative.
Here should also indicate the appellant's position in the original trial, such as? Appellant (defendant of first instance).
(3) Basic information of the appellee.
If the appellee is a citizen, it is also necessary to specify the same eight identity elements as the appellant, as is the writing of the basic information of a legal person or other organization.
The appellee's litigation status in the original trial should also be indicated, such as? Appellee (plaintiff in the original trial)? .
(4) cause of action.
The cause of action is that the appellant refuses to accept the judgment and ruling of the original trial and requests the people's court of second instance for retrial. It is the transition from the first part to the main part of the economic dispute appeal, so it should be concise.
Generally, it should be expressed in such a prescribed language:? The appellant? (Name or company name) Due to? Case (subject matter), dissatisfied? People's court? ) ? What is the prefix? No. Judgment (or ruling), now appeal.
The appeal request and reasons are as follows? Then use a colon, and then go to the main part of the writing.
2. Appeal request
This part is to show the purpose of the appellant's appeal: to express clearly that he refuses to accept the judgment or ruling of the original trial and request the people's court of second instance to cancel, change or retry the lawsuit according to law.
Here, we should pay special attention to the specific object and content of the appeal request. That is, the request should be made against the improper judgment of the first instance, not the other party. In terms of text expression, we should strive to be concise, such as? Request to revoke the original judgment and retry. ?
3. Grounds for appeal
This part is the main body and core of the writing of the appeal, which demonstrates the appeal request from facts and laws, explains why the appeal is filed, and what is the legal basis of the appeal, so that the requested matters are well-founded, legal and convincing.
So this part is very important-it is the basis of whether the appeal request can be realized.
To write a part of the reasons for appeal, so as to make it fully powerful, solid and reliable, we must first carefully study and ponder the judgment or ruling documents of the first instance. Eat through? Its essence is to find its mistakes or inadequacies in order to make a well-founded rebuttal; Secondly, we should distinguish between primary and secondary, that is, we should closely focus on the facts that have decisive significance and influence, and we must never dwell on the details or problems that have little or no relationship.
After writing the above contents, I continued to write:-Accordingly, I appeal to your hospital, requesting that the original judgment (or ruling) be revoked according to law, and the judgment be changed (or retried):
In writing skills, rebuttal is mainly used.
Generally, the arguments against the original ruling or judgment are put forward first, and then refuted.
There are two specific types: first, make a comprehensive summary of the mistakes or inadequacies in the original judgment or ruling documents, and then concentrate on refuting them; It is to refute while narrating, and the points to be summarized are set out separately, one refuting the other.
No matter which method is adopted, we should pay attention to the unity of arguments and arguments.
You can quote the original words in the judgment or ruling of the original trial, or you can report it in the tone of the appellant; We should pay attention to facts, be reasonable, be targeted, break the combination of legislation, be logical and argumentative, and integrate our own views or opinions into the debate process.
Don't argue irrationally and quibble, which can only backfire.
4. Tail
The tail includes the following four items:
(1) Name of delivery company.
That is, the name of the people's court, the legal organ sent by the appeal, should be written in a lower position after the end of the text? Hereby? And write it in the top box? Municipal People's Court? .
(2) The name or seal of the appellant.
The appellant shall sign and seal at the lower right of the service organ.
If the appellant is a legal person or other organization, it shall sign the name of the organ or unit and affix its official seal.
The legal representative shall also sign or seal.
(3) date.
The date is under the appellant's name.
(4) Appendix.
Appendices include: ① A copy of the appeal? Share; 2 documentary evidence? Share; 3 physical evidence? Pieces.
Model essay on civil appeal II
Appellant: Wang Ping, female, born on xx/xx/9XX, Han nationality, employee of Beijing Tianxin Real Estate Agency Co., Ltd., living at 8 10, Building 2, Hua Teng Garden, Chaoyang District, Beijing.
Authorized Agent: Yu, lawyer of Beijing Dongfang Law Firm.
136xxxxx 177
Appellee: Beijing Shunchi Real Estate Agency Co., Ltd., whose domicile is Han Wei Building,No. XX Guanghua Road, XX District, Beijing 1x7.
Legal Representative: Lei Hairong, chairman of the board of directors of this company.
The appellant refused to accept the civil judgment of Chaoyang District People's Court (2006) Chao Min Chu ZiNo.. 17675 is a case of contract dispute, and now it is appealed according to law.
Appeal request: 1: The original judgment was revoked and the appellant was ruled not to bear any economic responsibility according to law.
2. The appellee's act of selling the house privately is invalid.
3. All litigation costs shall be borne by the Appellee.
Reasons for appeal:
One: the appellee exceeds the scope of authorization without the consent of the appellant and the behavior of the third party is invalid.
The appellant did not entrust the appellee to pay any fees in the house sales contract signed by both parties, and the appellee paid the heating fee without the appellant's consent, which was a private act. Its real intention is to sell a house in a hurry, operate in a dark room, and earn the difference quickly and illegally.
If the Appellee has consulted the Appellee in advance, the Appellee will certainly refuse to pay the fee, which will inevitably delay the time for the Appellee to buy and sell the house and affect the Appellee's purpose of earning the price difference. Therefore, the appellee's failure to consult the appellee has an illegal purpose, and the act should be invalid.
Two: the appellant does not default on any fees, and the appellee blindly pays the fees privately, and the losses are borne by himself.
1: The house originally belonged to the public house of the Appellant's company, and the Appellant only acquired the property right of the house on xx, xx, XX, XX. That is, 19xx- 19xx, 19xx-20xx and the heating costs in the first half of 20xx have nothing to do with the Appellant.
2. During the appellant's residence in the house, his unit belongs to employee welfare treatment, and the heating fee has been paid by the unit, so the heating fee has nothing to do with the appellant at any time.
3. Even if the appellant should pay part of the heating fee, and the heating unit or anyone else never claimed the right from the appellant during the appellant's stay in the house, the fee has exceeded the limitation of action, and the appellant has sufficient reason to exercise the right of defense, which was lost due to the appellee's payment behavior.
4. Before the appellee paid the house payment to the appellee, the staff of the appellee's unit had investigated whether it was in arrears. In the case of no default, both parties signed the Property Delivery Form, officially confirming that the Appellee did not default on any fees.
So the appellant does not owe any fees, and after that, any so-called? Arrears? Of course, the appellee wants to find the appellant to investigate and verify, and it is asking for trouble to pay blindly without reason.
Three: the appellee's act of selling the house to a third party is invalid.
1: The contract signed by the Appellant and the Appellee is a house consignment sales contract. The appellee's right is only to buy and sell on behalf of the house owner as an intermediary, but there is no right for the house owner to sell directly. When the appellant sells the house to a third party, he should sign as the seller. In other words, the buyer and seller of the house are the appellant and the third person, and the appellee is only the intermediary who signs the house sale with the third person.
2. According to the provisions of the Ministry of Construction, Beijing Housing Authority, Beijing Administration for Industry and Commerce, Beijing Price Bureau and other documents, real estate brokerage agencies and employees are not allowed to engage in real estate throughput business; Do not operate behind the scenes and illegally earn the difference; Brokerage companies should only appear in the form of intermediaries, but not allowed? Cash collection? Business.
Therefore, the appellee can only charge a commission of 2.5% at most, and should be a pure intermediary. Its black-box operation and illegal earning of price difference are obviously illegal and invalid.
To sum up, the appellee paid the so-called fees blindly for his own illegal purposes without the authorization or consent of the client, knowing that the appellant had not defaulted on any fees. Arrears? The loss has nothing to do with the appellant, and should bear the responsibility for the loss.
The appellee sold the house to a third party and earned the illegal price difference while knowing that he had no right to sell the house. This kind of behavior is obviously illegal and invalid.
We hereby request the Intermediate People's Court to find out the facts, adjudge the appellant not to bear any economic responsibility according to law, confirm that the appellee's house buying and selling behavior is illegal, and safeguard the appellant's legitimate rights and interests.
I am here to convey
Beijing No.2 Intermediate People's Court
Appellant: Wang Ping.
Xx，xx，XX，XX
Extension: Matters needing attention in writing civil appeal 3
Timely production and submission, preparation and submission.
There are statutory time limits for appeal, of which the time limit for appeal against the judgment of first instance is 1 5 days, and the time limit for appeal against the ruling of first instance is 1 0 days.
In this regard, we must accurately grasp.
If a judgment or ruling is received after the lawsuit, it should be carefully reviewed. If you find any mistakes, you should file a complaint in time and submit it within the statutory time limit.
Otherwise, times have changed and the appeal will lose its due effect.
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