Nature of the complaint

There are two kinds of appeals. If the parties concerned or other citizens concerned are dissatisfied with the legally effective judgment or ruling, they shall request the court or procuratorial organ to handle it again according to law. Refers to the staff of state organs or members of political parties and associations who refuse to accept the punishment and put forward their opinions to the original organs, organizations or higher authorities and organizations. 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.

If the retrial is still dissatisfied, in any of the following circumstances, the parties may apply to the people's procuratorate for procuratorial suggestions or protests:

(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.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 252 The parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against a legally effective judgment or ruling, but the execution of the judgment or ruling shall not be suspended.

Article 253 The people's court shall retry the appeal of the parties, their legal representatives or close relatives in any of the following circumstances:

(a) there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing;

(2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;

(3) The application of the law in the original judgment or ruling is indeed wrong;

(four) in violation of legal procedures, which may affect the fair trial;

(5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.