What are the exceptions to the two-instance final appeal system?
The Civil Procedure Law stipulates that the people's courts shall try civil cases and implement the system of second instance and final adjudication according to law. The so-called two-instance final adjudication system refers to the system in which a case ends after being tried by two people's courts.
There are four exceptions to China's two-instance system of final adjudication:
1. The case of first instance heard in the Supreme People's Court is the final case.
2. Cases sentenced to death must be approved by the death penalty review procedure in accordance with the law before the death penalty judgment can take effect and be delivered for execution.
3, the local people's courts at all levels in accordance with the provisions of the criminal law sentenced to a penalty lower than the statutory penalty cases, must be approved by the the Supreme People's Court, the judgment and ruling can take effect and delivered for execution.
4. Small claims procedure in civil litigation.
When the court hears a case, it is a two-trial system in terms of trial procedure and a four-level two-trial system in terms of court system. The system of final adjudication by two courts is a system in which a case is tried by two courts and the trial ends. That is to say, after the local courts at all levels have made a judgment or ruling on the first-instance (first-instance) cases they tried in accordance with the provisions of judicial jurisdiction, if the parties are dissatisfied, they can appeal to the court at the next higher level within the statutory time limit; If the procuratorate at the same level refuses to accept it, it may lodge a protest with the court at the next higher level within the statutory time limit. The court at the next higher level has the right to accept the appeal or protest against the first-instance judgment or ruling of the court at the next lower level, and has the right to change or maintain the judgment or ruling of the court of first instance after hearing the case of second instance. At this point, the second-instance judgment or ruling of the superior court is final, and the parties may not appeal. The essence of the trial-level system requires that the trial must be conducted in strict accordance with the trial procedures, and the case must not be tried beyond the level.
The system of second instance and final adjudication is mainly aimed at litigation cases in which civil rights and obligations are disputed. What is emphasized here is that litigation cases are divided into two categories, one is litigation cases that need to go through ordinary procedures or summary procedures, and the other is non-litigation civil cases that request the court to confirm a certain factual state because of disputes in a specific civil legal relationship.
The system of second instance and final adjudication is applicable to litigation procedures, not to civil cases, mainly including cases tried by people's courts through special procedures, supervision procedures and public reminders.
The system of two trials and final adjudication refers to the system in which a criminal case is tried by two people's courts. Article 10 of the Criminal Procedure Law stipulates: "In handling cases, the people's courts shall adopt the system of second instance and final adjudication." According to this provision, the defendant may appeal if he refuses to accept the criminal judgment or ruling of first instance made by the people's court, and the people's procuratorate may lodge a protest if it thinks there is an error; However, if the defendant refuses to accept the judgment or ruling made by the people's court of second instance, he shall not appeal again, and the people's procuratorate at the same level shall not lodge a protest of second instance. Judgments and orders of second instance, except death penalty cases, take legal effect immediately after they are made. The exceptions to the two-instance system of final adjudication are: the Supreme People's Court is the highest judicial organ in China, and its judgment or ruling is final, and no appeal or protest is allowed; In death penalty cases, in addition to ordinary procedures, special procedures are also applicable, that is, death penalty review procedures. Only after the death penalty review procedure can the death penalty judgment of the second instance take legal effect.
The implementation of the system of second instance and final adjudication is conducive to the timely correction of wrong judgments, the supervision of the people's courts at higher levels on the trial work of the people's courts at lower levels, and the maintenance of the unity of the national legal system. Because there are not many final cases in the two trials, it can facilitate the participants to participate in the litigation, avoid the long delay of the case affecting the efficiency of closing the case, and safeguard the legitimate rights and interests of the parties.