2. If the local people's procuratorates at all levels think that the judgment or ruling of the people's court at the same level is indeed wrong in ascertaining the facts and applying the law, or that the activities of the court of first instance violate the litigation procedures and infringe on the litigation rights enjoyed by the parties according to law, which may affect the correctness of the judgment or ruling, they can only lodge a protest of second instance according to law.
According to Article 29A(2) of the Judicial Power Law of the Supreme Court, the Court of Appeal has the right to hear appeals against the judgments made by the High Court in the exercise of its original jurisdiction. However, if either party refuses to accept the judgment made by the High Court when exercising its appeal or reconsideration jurisdiction, it has no right to further appeal. In other words, if any party to the lawsuit refuses to accept the court order made by the judge of the High Court in the case of appeal or criminal referral against the judgment of the Court of Appeal, no further appeal can be made. The procedure for filing a criminal appeal with the Court of Appeal is listed in Articles 42 to 60 of the Judicial Power Law of the Supreme Court. The party who wants to appeal must submit a notice of appeal to the principal of the Supreme Court within 14 days after the judge of the High Court makes a judgment [Article 45 of the Judicial Power Law of the Supreme Court (1)]. After that, the court clerk will send a notice to the appellant or his lawyer as soon as possible, informing him that the record of the proceedings in the High Court is ready. Then, the appellant must submit an appeal request to the principal within 10 days after the notice is served [Article 47 of the Judicial Power Law of the Supreme Court (1)].
Legal basis:
Criminal Procedure Law of the People's Republic of China
Article 227 The defendant, the private prosecutor and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of the local people's courts at various levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
Article 229 If the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request.