Lawyer Wang Ruiheng
Practice 1 1 year | Liaoning Shengguangkai Law Firm
Good at: traffic accidents, marriage and family, corporate affairs, criminal defense.
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Legal analysis: the final judgment generally refers to the final trial result of a lawsuit made by the court. That is, people often say that the final result is that the court's trial process of civil litigation cases is generally first instance, second instance, retrial and final instance. The final judgment is the final result of the whole trial process.
Legal basis: Article 39 of the Civil Procedure Law of People's Republic of China (PRC). The people's court hears civil cases of first instance and consists of judges, jurors or judges. The number of members of the collegial panel must be odd. Civil cases that are tried by summary procedure shall be tried by a single judge. Jurors enjoy the same rights and obligations as judges when performing their duties as jurors.
Article 164 If a party refuses to accept the judgment of first instance of a local people's court, he shall have the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served. If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
Article 10 When trying civil cases, the people's courts shall practise a system of collegiate bench, recusal, public trial and second instance as the final instance according to law.