The title is directly written as "civil (criminal and administrative) appeal" or "civil (criminal and administrative) appeal".
The text includes a title, facts and reasons, and an ending. The first part includes the basic information of the appellant and the appellee, the origin of the case and the appeal request; In the part of facts and reasons, it is stated that the appellant thinks that the judgment of first instance is wrong in fact finding and law application; Finally, indicate the name of the court against which the appeal is filed. Include signature and date.
The circumstances of the appeal include:
1. If the original judgment found that the facts were clear and the applicable law was correct, the appeal was dismissed and the original judgment was upheld;
2. If the original judgment was wrongly applied by law, the judgment shall be changed according to law;
3. The original judgment found that the facts were wrong, or the original judgment found that the facts were unclear and the evidence was insufficient, and the original judgment was revoked and sent back to the people's court that originally tried for retrial, or the judgment was changed after finding out the facts;
4. If the original judgment violates legal procedures and may affect the correct judgment of the case, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial.
The appeal procedure is as follows:
1. Proposed appeal: The parties or their entrusted lawyers shall write an appeal according to the judgment or ruling of the original trial, explaining the appeal request, reasons and evidence, etc.
2. Submit the appeal: submit the appeal together with the original judgment or ruling to the higher court and pay the appeal acceptance fee;
3. Accepting the appeal: the higher court accepts the appeal and informs the appellee to submit a reply;
4. Review of appeals and pleadings: the higher court reviews appeals and pleadings to decide whether to hold a hearing or a written hearing;
5. Trial or written trial: If a trial is required, the higher court will notify both parties and lawyers to be present for trial; If it is a written trial, both parties and lawyers need to debate through written materials;
6. Trial: The higher court hears the appeal request according to the facts of the case and the provisions of the law, and makes a ruling to amend the judgment or reject the appeal;
7. Sending the judgment: The superior court will serve the judgment on the parties and inform them of the time limit and ways of appeal.
To sum up, an appeal is a lawsuit in which the parties declare that they are not satisfied with the legally effective judgment or ruling of the first instance within the statutory time limit, and request the people's court at a higher level to hear it and cancel the original judgment or ruling.
Legal basis:
Article 177th of the Civil Procedure Law of People's Republic of China (PRC)
After hearing the case, the people's court of second instance shall deal with it according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld the original judgment or ruling;
(two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law;
(3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained;
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial.
After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.