If the effective judgment is indeed wrong, it shall be conducted in accordance with the procedure of trial supervision. Criminal and civil trials in China are based on the system of second instance and final instance. In a criminal trial, the time limit for appealing and protesting against the judgment is ten days, and the time limit for refusing to accept the ruling is five days, counting from the day after receiving the judgment or ruling. In a civil trial, if a party refuses to accept the judgment of first instance, he has the right to appeal to the people's court at the next higher level within 15 days from the date of service. Those who refuse to accept the ruling of first instance have the right to appeal to the people's court at the next higher level within ten days from the date of service. If there is no appeal or protest during the appeal or protest, the judgment will take legal effect. If no appeal is filed after the appeal period and the judgment is considered to be wrong, it may be conducted in accordance with trial supervision. The parties to a criminal case, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate. The parties to a civil case may apply to the people's court at the next higher level for retrial, or they may apply to the people's court at the next higher level for retrial.
The prosecution process is as follows:
1. The indictment is necessary to bring a lawsuit to the court, and it is used to explain the case and the legal document we advocate. Need to submit: 1 original indictment, and submit the number of copies according to the number of opponents;
2. Materials to prove the identity of the parties. Need to submit: 1 copy of ID card. Without an ID card, you can also submit a copy of temporary id card and a copy of your household registration book. If you have a copy of the other party's ID card or household registration book, you can also submit it together. If not, if there is the name and address of the other party, it can be stated in the complaint;
3. Basic evidence to prove your claim. Need to submit: 1 piece of evidence, depending on the specific case. For example, divorce cases should provide copies of marriage certificates, and debt cases should provide copies of IOUs and IOUs. The original is generally submitted at the court hearing;
4. Authorization procedure. If the client is an agent, 1 power of attorney and 1 official letter from the law firm are required.
To sum up, if it is the first trial, the date on the judgment is not the final effective birthday, but also depends on whether the other party appeals, and it will take effect after fifteen days of appeal; If it is a second trial, this date is the effective date; The execution of a judgment will generally state in the judgment that the other party shall perform it within ten days after the judgment takes effect, and the execution procedure is the last stage of the civil procedure. In accordance with legal procedures, the court uses state coercive force to force civil obligors to perform their obligations in accordance with the provisions of the enforcement documents, so as to ensure the realization of creditors' rights.
Legal basis:
Article 164th of the Civil Procedure Law of People's Republic of China (PRC)
The people's court shall conclude a case by applying summary procedure within three months from the date of filing the case. If there are special circumstances that need to be extended, it can be extended for one month with the approval of the president of our hospital.