The information provided for the appeal is based on the provisions of the Civil Procedure Law. If you file an appeal, you have to appeal. In addition to the appeal, the following materials are required:
1, submit the corresponding evidence. The appeal was filed when the parties have evidence to prove that the court's first-instance judgment was wrong, so it is necessary to collect evidence that is wrong with the first-instance judgment.
2. Identification documents such as the party's ID card and household registration book. If it is a natural person, the business license, identification documents of the legal representative and identification documents of the legal representative of the legal person.
3. If a lawyer is entrusted for litigation, materials such as power of attorney, lawyer's identity certificate and lawyer's qualification certificate shall be submitted.
What should I do after the appeal period?
1. There are two remedies for missing the appeal period: one is appeal; The second is to protest.
2. Civil appeal refers to the behavior that the parties think that the legally effective judgment or ruling of the people's court is wrong and ask the people's court to try it again according to law. However, appeal is only a judicial relief and democratic right, not a litigation right. Therefore, complaint and prosecution are different: prosecution and appeal are a litigation right of the parties, and the people's courts of first and second instance should accept them as long as they meet the conditions of prosecution and appeal; However, the demands are different. After the people's court receives the complaint from the party concerned for examination, it must submit it to the judicial committee for collective discussion and decision by the president of the people's court at the next higher level. Only when the majority of the members of the judicial committee think that the original trial was indeed wrong, can the retrial procedure be carried out and the collegial panel be re-formed to retry the case. If there is no mistake in the original trial and the appeal is unreasonable, the court will immediately notify the court to dismiss the appeal. Therefore, the complaint must be well-founded, otherwise it is better to appeal with interest, serve a sentence, save trouble and save money.
Legal basis:
The Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC)
Article 233 An appeal case accepted by a people's court shall generally have an original and a copy of the appeal.
The contents of the appeal should include: the document number of the judgment and ruling of the first instance and the time when the appellant received it; The name of the court of first instance; The request and reasons for the complaint; Time for filing an appeal; Signature or seal of the appellant. If the defendant's defender or close relatives appeal with the consent of the defendant, they shall also explain the relationship between the appellant and the defendant and regard the defendant as the appellant.
Article 234 If a defendant, a private prosecutor, a plaintiff in an incidental civil action or a defendant appeals orally because it is really difficult to write an appeal, the people's court of first instance shall make a written record according to the reasons and requests stated by them, and read it out to the appellant, which shall sign or seal it.
Article 236 If a defendant, a private prosecutor, a plaintiff in an incidental civil action or a defendant appeals through the people's court of first instance, the people's court of first instance shall examine whether the appeal complies with the law. According to the law, the appeal should be transferred to the people's court at the next higher level together with the files and evidence within three days after the expiration of the appeal period, and copied to the people's procuratorate at the same level and the other party.
Article 237 If the defendant, private prosecutor, plaintiff in incidental civil action and defendant directly appeal to the people's court of second instance, the people's court of second instance shall submit the appeal to the people's court of first instance within three days after receiving the appeal. The people's court of first instance shall examine whether the appeal complies with the law. Those who meet the statutory requirements shall, within three days after receiving the appeal, transfer the appeal together with the case files and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party.
Article 23 1 of the criminal procedure law
If the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with case files and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party.
If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court that originally tried the case within three days, and send a copy to the people's procuratorate at the same level and the other party.