The appeal shall be filed through the people's court that originally tried the case, and copies shall be submitted according to the number of the opposing parties or representatives. If a party directly appeals to the people's court of second instance, the people's court of second instance shall submit an appeal to the people's court that originally tried the case within five days. When the people's court of first instance receives the appeal, it shall serve a copy of the appeal to the other party within five days, and the other party shall file a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court. After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days. The people's court of second instance shall examine the relevant facts and applicable laws of the appeal request. The people's court of second instance shall form a collegial panel when hearing an appeal case. After reading papers and investigating, asking the parties and finding out the facts, the collegial panel may also make a judgment or ruling if it deems it unnecessary to hold a trial. The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.
Second, what is an appeal?
An appeal is a document that the parties to a civil, administrative or criminal case appeal to the people's court at the next higher level in accordance with legal procedures and time limits if they refuse to accept the judgments or rulings of first instance made by local people's courts at all levels.
Third, what are the characteristics of appeal?
1, which must be proposed by the litigants and their legal representatives.
2. It must be filed against the first-instance ruling or judgment of the local people's courts at all levels, with two meanings. Only the judgments made by local people's courts at all levels, that is, the people's courts below the higher level, can be brought to court, and the judgments made by the Supreme People's Court cannot be appealed; Only when the people's court refuses to accept the judgment of first instance can it appeal. China's courts implement the system of two-instance final judgment, and the judgment of the second instance is the final judgment, and no appeal can be filed.
The above is about how to submit a complaint for you. If a party wants to submit an appeal, it shall submit it through the people's court that originally tried, and then submit it according to the prescribed score. If you want to appeal directly to the second instance, the court of second instance will also hand over the appeal to the court of first instance within five days. Therefore, it is best for the parties to follow the regulations from the beginning, first submit them to the court of first instance, and then go to the court of second instance for handling. If you have any other questions, please consult a lawyer.