(1) Who can complain?
Criminal appeals are filed by the parties to the case, their legal representatives and close relatives. The parties to a criminal case mainly refer to the criminal defendant, the victim, the private prosecutor in a private prosecution case, the original defendant and the defendant in a criminal incidental civil action.
Civil and administrative appeals are filed by the parties and their legal representatives. The parties refer to the plaintiff, defendant, joint litigant and the third party in this case.
(2) The scope and effectiveness of the complaint?
If the parties and their legal representatives think that the legally effective judgment or ruling of the court is wrong, they may submit it to the people's court that originally tried it or the people's court at the next higher level or the people's procuratorate that originally tried it.
During the appeal period, the execution of legally effective judgments and orders shall not be suspended.
(3) How to write a complaint?
1. Explain the basic information of the complainant, namely, name, gender, age, nationality, place of origin, occupation and address. If the complainant is a criminal, the place where he is being held should be stated. If the complainant is a defender, relative or other citizen of the defendant, it shall explain the basic situation of the defendant and the relationship with the defendant.
2, indicate the cause of action and the court of first instance. Write down the complainant's name, case, court judgment or ruling and its document number (and provide copies of the original legal documents of the first and second trials).
3. State the facts and reasons of the appeal request and appeal. The facts and reasons of the complaint are the main part of the complaint. If the facts identified in the original judgment or ruling are considered improper, they shall be explained by facts and provide evidence that can explain the facts of the complaint. The facts listed are required to be true and accurate. The original judgment or ruling was improperly applied to the law or the nature of the case was wrong, or the sentence was too light or too heavy, or the original trial seriously violated the litigation procedure. , should be clearly stated in the petition and fully explained.
4, indicate the name of the people's court, the date of appeal, if it is someone else's book, it should indicate the name of the book agency and book agent.
5. If there is new evidence, relevant evidential materials or copies of documentary evidence shall be attached.
Complaint refers to the behavior of citizens, enterprises and institutions. , think that the result of handling a problem is incorrect, and state the reasons to the relevant state organs and request re-handling.
What is a complaint?
There are two kinds of appeals: one is litigation appeal, which refers to the behavior of the parties, the victims and their families or other citizens who know the situation of the case, thinking that the legally effective judgment or ruling of the people's court is wrong, and asking the people's court or the people's procuratorate to handle it according to law and correct it. Second, non-litigation appeal refers to the behavior of citizens, enterprises, institutions and other units who refuse to accept the handling, punishment or disciplinary action of the administrative department because of their legitimate rights and interests, and ask the department or its higher authorities to handle and correct it again.
When the complainant files a lawsuit, he can ask a lawyer for help. In civil cases and economic cases, you can also ask a lawyer to represent the complainant. For non-litigation complaints, if they are civil issues such as economic contract disputes and injury compensation, they can be resolved through mediation and arbitration. According to the provisions of the Lawyers Law and the Civil Procedure Law, the complainant may entrust a lawyer as his agent; For complaints about other issues, lawyers can only write complaints on their behalf, provide legal and policy advice, and cannot accept entrustment or represent litigation.
Appeal refers to a kind of litigation request that the parties and their legal representatives put forward to the people's court of first instance and the people's court at a higher level to re-handle the legally effective judgment, ruling and mediation. ?
During the appeal, the original judgment or ruling shall not be suspended. ?
If the complaint is considered reasonable, the president shall submit it to the judicial Committee for discussion and decision whether to retry. ?
In any of the following circumstances, the people's court shall retry the application:
(1) There is new evidence sufficient to overturn the original judgment or ruling;
(two) the basic facts identified in the original judgment or ruling lack evidence to prove;
(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;
(four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined;
(five) the evidence needed for the trial of the case is not collected by the parties themselves due to objective reasons, and the people's court fails to investigate and collect the evidence in writing;
(6) The application of the law in the original judgment or ruling is indeed wrong;
(seven) in violation of laws and regulations, the jurisdiction is wrong;
(eight) the composition of the judicial organization is illegal or the judges who should be avoided according to law have not avoided;
(9) A person without capacity for litigation does not have a legal representative, or the party who should participate in the litigation does not participate in the litigation due to reasons not attributable to him or his agent ad litem.
(ten) in violation of the law, depriving the parties of the right to debate;
(eleven) without being summoned, the judgment is made by default;
(12) The original judgment or ruling is omitted or exceeds the claim;
(thirteen) the legal documents on which the original judgment or ruling was based were revoked or changed.
If the violation of legal procedures may affect the correct judgment and ruling of the case, or if the judges have committed corruption, bribery, favoritism and perverting the law in the trial of the case, the people's court shall retry the case. In addition, if the parties provide evidence to prove that mediation violates the principle of voluntariness or the contents of the mediation agreement violate the law, they may apply for retrial. If it is verified by the people's court, it shall be retried.
If the parties provide evidence to prove that mediation violates the principle of voluntariness or the contents of the mediation agreement violate the law, they may apply for retrial. If it is verified by the people's court, it shall be retried.
The parties shall not apply for a retrial of the legally effective judgment of dissolution of marriage.
If a party applies for a retrial, it shall submit it within two years after the judgment or ruling becomes legally effective; Two years later, the legal documents on which the original judgment or ruling was based were revoked or changed, and it was found that the judges had committed acts of corruption, bribery, favoritism, and perverting the law in the trial of the case, they should raise the matter within three months from the date when they knew or should have known.
Article 37 State civil servants and other personnel appointed by state administrative organs who are dissatisfied with the administrative sanction decision made by the competent administrative organ may lodge a complaint with the supervisory organ within 30 days from the date of receiving the administrative sanction decision, and the supervisory organ shall make a review decision within 30 days from the date of receiving the complaint; If you are still dissatisfied with the review decision, you can apply to the supervisory organ at the next higher level for review within 30 days from the date of receiving the review decision, and the supervisory organ at the next higher level shall make a review decision within 60 days from the date of receiving the application for review. During the review, the execution of the original decision shall not be stopped.
It can be seen that a complaint is a request for the protection of rights made by the parties to the relevant authorities after their rights have been violated, while a review is a request for a re-examination when the parties are still not satisfied with the previous authorities' reply after the relevant authorities have made a reply.
Article 41 of China's Constitution stipulates that citizens have the right to appeal to the relevant state organs for the illegal and dereliction of duty of any state organ and its staff, which gives citizens a broad right of appeal.
The right of appeal is one of the basic democratic rights of citizens stipulated in our constitution. At present, most constitutional textbooks define the concept of the right of appeal as: when the legitimate rights and interests of citizens are infringed by wrong or illegal decisions or judgments made by administrative organs or judicial organs, or because of the illegal dereliction of duty of state functionaries, the infringed citizens have the right to state their reasons to the relevant authorities and demand a new treatment.
Theoretically, the right of appeal has the nature of "human rights existing for realizing basic rights". Citizens or legal "people" have the right to investigate all human rights violations caused by state power, including judicial organs, and obtain relief through appeal. From the normative content, the specific characteristics of the right of appeal, the nature and composition of its rights are quite complicated, and the types of rights are diverse. Specifically, the right of appeal can include citizens' right to appeal to state organs or their staff based on their political will or public interests. This right is non-critical or non-suggestive, in the sense of pure personal doubts or opinions, or in the sense that citizens complain that state organs or their staff handle their personal interests. The former is a political right, which can be regarded as a substantive right and included in the scope of supervision; The latter is a non-political right, which can be regarded as a procedural right, and together with the right to accuse, it can be called the right to obtain rights relief.