Litigation appeal refers to the behavior that the parties, the victims and their families or other citizens who know the case think that the legally effective judgment or ruling of the people's court is wrong and ask the people's court or the people's procuratorate to handle and correct it according to law. Non-litigation appeal refers to the behavior that citizens, enterprises, institutions and other units refuse to accept the handling, punishment or disciplinary action of the administrative department because of their legitimate rights and interests, and demand that the department or its higher authorities 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.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 202 If a party or interested party considers that the enforcement act violates the law, it may file a written objection to the people's court responsible for enforcement. If a party or interested party raises a written objection, the people's court shall conduct an examination within 15 days from the date of receiving the written objection. If the reason is established, it shall make a ruling to cancel or correct it; If the reason cannot be established, the ruling shall be rejected. If a party or interested party refuses to accept the award, it may apply to the people's court at the next higher level for reconsideration within ten days from the date of service of the award.
Article 209 Under any of the following circumstances, the parties concerned may make procuratorial suggestions or protest to the people's procuratorate:
(a) the people's court rejected the application for retrial;
(two) the people's court fails to make a ruling on the retrial application within the time limit;
(3) There are obvious errors in the retrial judgment or ruling.
The people's procuratorate shall, within three months, examine the application of the parties concerned and make a decision on whether to put forward procuratorial suggestions or protest. The parties may not apply to the people's procuratorate for procuratorial suggestions or protests again.
Criminal procedure law
Article 241 The parties concerned, their legal representatives and close relatives may appeal to a people's court or a people's procuratorate against a legally effective judgment or ruling, but the execution of the judgment or ruling shall not be suspended.
Article 243 If the presidents of people's courts at all levels find errors in ascertaining facts or applying laws in legally effective judgments and orders, they must submit them to the judicial committee for handling. The Supreme People's Court has the right to send back or instruct the people's courts at lower levels to retry the legally effective judgments and rulings of the people's courts at all levels. If the people's courts at higher levels find that there are indeed mistakes, they have the right to send back or instruct the people's courts at lower levels to retry.