What is the appeal?

What do you mean by appeal?

appeal

Appeal refers to the activity that a party refuses to accept a first-instance judgment, ruling or review decision made by a people's court or an administrative litigation organ that has not yet taken legal effect and files a retrial with a people's court at the next higher level within the statutory time limit.

1, there must be qualified appellants and appellees.

2. Complaints must be allowed according to law.

3. Meet the statutory appeal time limit.

Article 147 of the Civil Procedure Law stipulates that if a party refuses to accept the judgment of the local people's court of first instance, 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 he refuses to accept the ruling of the local people's court of first instance, he shall have the right to appeal to the people's court at the next higher level within 10 days from the date when the judgment is served on the party. If the written judgment or ruling cannot be served on the parties at the same time, the appeal period shall be counted from the day after they receive the written judgment or ruling.

When trying an appeal case, the people's court of second instance shall conduct a comprehensive review of the facts ascertained in the judgment of first instance and the applicable law, and shall not be limited by the grounds and scope of appeal. In criminal appeal cases, the people's court of second instance shall not aggravate the defendant's punishment.

In a case of private prosecution, the victim, as a private prosecutor, has the right to appeal against the judgment of the people's court of first instance. According to the law of our country, there are three types of private prosecution cases, that is, cases that are handled after being told; Minor criminal cases that the victim has evidence to prove; Cases in which the victim has evidence to prove that his personal and property rights have been infringed, and criminal responsibility should be investigated according to law, but the public security organ or the people's procuratorate does not investigate the criminal responsibility of the defendant. This kind of private prosecution case must meet the following three conditions at the same time: the defendant has committed a criminal act and should be investigated for criminal responsibility according to law; The victim has evidence to prove; The public security organ or the people's procuratorate will not investigate, that is, the public security organ or the people's procuratorate will not file a case for investigation, or will not file a case, or will not prosecute.

Who has the right to appeal against the judgment of the people's court of first instance?

According to the Criminal Procedure Law, if the relevant personnel refuse to accept the first-instance judgment or ruling of local people's courts at all levels, they have the right to appeal to the people's court at the next higher level in written or oral form. The purpose of this provision is to ensure that the judgments and rulings of the people's courts are accurate, to crack down on crimes accurately and promptly, to protect innocent people from criminal investigation, and to protect the legitimate rights and interests of citizens. Who has the right to appeal? According to the law:

1. Defendants, private prosecutors and their legal representatives have the right to appeal to the people's court at the next higher level if they refuse to accept the judgment or ruling of the people's court of first instance.

2. Defenders and close relatives of the defendant may appeal with the consent of the defendant.

3. The parties to an incidental civil action and their legal representatives may appeal against the incidental civil action in the judgments and orders of the local people's courts at all levels of first instance.

According to the law, the defendant shall not be deprived of the right to appeal under any pretext.

Those who have the right to appeal include the defendant, the private prosecutor and their legal representatives. Defenders and close relatives of the defendant may appeal with the consent of the defendant. The parties to an incidental civil action and their legal representatives may appeal to the part of the incidental civil action in the judgment or ruling of first instance of the local people's courts at all levels. The parties to a criminal incidental civil action refer to the plaintiff and the defendant in the incidental civil action. Close relatives refer to husbands, wives, fathers, mothers, sons, daughters and brothers and sisters.

The appeal period shall be counted from the second day after receiving the judgment or ruling. During the appeal, the appeal has legal effect. It means that the case has to go through the second instance procedure. Beyond this time limit, the appeal and protest will have no legal effect, and the judgment and ruling of the first instance will take effect. However, there are also special circumstances. If the parties delay the appeal period due to irresistible reasons or other legitimate reasons, they may apply to continue the litigation activities that should be completed before the expiration of the time limit within 5 days after the obstacle is removed. Whether to approve or not shall be decided by the people's court. If there is no justifiable reason, the people's court shall immediately rule to reject the application.

According to the regulations, the appellant may appeal directly to the people's court of second instance or through the people's court that originally tried the case. If the appellant appeals through the people's court that tried the case, the people's court that tried the case shall transfer the appeal together with the case file and evidence to the people's court at the next higher level within 3 days, and at the same time, copy the appeal to the people's procuratorate at the same level and the other party respectively. If a party directly appeals to the people's court of second instance, it shall appeal to the people's court of second instance within 3 days ... >>

What is an appeal? What should I do to appeal?

First of all, you must be qualified. In other words, you must be a party to the case to appeal. Second, only the judgment or ruling of the court of first instance can be appealed, and the judgment made by the court cannot be appealed. Among them, there are only three kinds of rulings that can be appealed: inadmissibility, dismissal of prosecution and jurisdictional objection ruling. Third, the appeal must be filed within the time limit prescribed by law. After the court of first instance ruled the appeal period, the judgment did not take effect immediately. It will take effect only if neither party has appealed and the appeal period expires. Therefore, if you want to appeal, you must appeal within the time limit. Both civil and administrative judgments are within 15 days after the judgment is served; Civil and administrative rulings shall be made within ten days after the written ruling is served; Criminal judgment within ten days after the delivery of the judgment; The criminal ruling shall be made within five days after the written ruling is served. The time limit is calculated from the second day after the document is served. The date of receipt of the judgment or ruling by both parties may be different, and the appeal period shall be counted from the day after their respective receipt of the judgment or ruling. If the last day of the expiration of the period falls on a legal holiday, the expiration date of the period shall be the first working day after the legal holiday. Appeal If you want to appeal, you must submit an appeal. An appeal can be written by a lawyer or by himself. The main contents include: the basic information of the appellant and the appellee; Appeal request; Reasons for appeal, etc. Court of Appeal Your appeal should be filed with the court at the next higher level of the Court of First Instance. For example, the court that made the first-instance judgment was Yuyao People's Court, and the court of appeal was Ningbo Intermediate People's Court. In order to facilitate your appeal, your appeal can be submitted to the court of first instance or directly to the higher court. The appeal fee must also pay the appeal case acceptance fee. Within seven days after receiving the Notice of Payment of Appeal Acceptance Fee, you can pay the appeal acceptance fee in advance at the charging window of the filing hall of Ningbo Intermediate People's Court with the judgment or ruling, or make bank remittance according to the bank and account number specified in the judgment or ruling, or make remittance by post. Remittances are always marked with the original case number. If the payment is not made within the time limit, the complaint will be withdrawn automatically. If it is really difficult to pay the fees, you may apply for deferment, reduction or exemption. If the application is not approved and the appeal fee is not paid, it shall be handled as withdrawal of the appeal. If an appeal is filed against a property case, the acceptance fee for the appeal case shall be paid according to the amount of the appeal request against the judgment of the first instance. After hearing the appeal, the court of second instance shall handle it as follows: 1. If the facts are clearly ascertained in the original judgment and the applicable law is correct, the appeal shall be dismissed and the original judgment 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 original court for retrial, or the judgment was changed after the facts were ascertained; 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 court of first instance for retrial.

What is the appeal process?

You should call it a prosecution, not an appeal. The appeal is against the judgment of the first instance and requires a higher court to hear it.

After this matter needs to be prosecuted, you should apply to the court to evaluate and determine the amount of loss of your electric car, and use this amount as a lawsuit to ask the other party for compensation. If the other party has an insurance company, list the insurance company as the defendant and ask the insurance company to bear the responsibility within the scope of compulsory insurance.

Legal fees, the amount below 10w is: amount *2.5%-200 yuan.

The materials to be prepared are: four complaints and one for yourself; Copy of ID card and application for identification; A copy of the evidential materials. Go to the court where the defendant is located to file a case.

What do you mean by appeal?

Appeal refers to a lawsuit in which a party to a judicial trial refuses to accept a judicial judgment that has not yet entered into force and appeals to a court with appeal jurisdiction over the case, asking it to make a new judgment. The new judgment can uphold the original judgment, partially change the original judgment and completely overturn the original judgment.

What does the appeal system mean?

It has played a positive role in protecting the rights of the parties. It embodies a wealth of public relief measures.

The difference between appeal and complaint

Appeal is a litigation act in which the parties clearly express their dissatisfaction with the legally invalid judgment or ruling of first instance within the statutory time limit and request the people's court at the next higher level to hear it, cancel or change the original judgment or ruling.

Appeal means that the parties concerned, their legal representatives and close relatives refuse to accept the legally effective judgment or ruling and file a lawsuit request for re-examination of the case with the people's court or the people's procuratorate.

The main difference between the two is that the appeal will inevitably lead to the second instance procedure; However, the appeal is only an important source of materials to start the trial supervision procedure. Whether it can lead to the trial supervision procedure must be examined by the judicial organs to confirm that the effective judgment is indeed wrong and meets the retrial conditions stipulated by law before the trial supervision procedure can be started. Secondly, the appeal will inevitably prevent the first-instance judgment and ruling from taking legal effect; Complaints are different, and the filing of complaints cannot stop the execution of judgments and rulings.

There are also the following differences between complaint and appeal.

1, the object of different appeals is a legally effective judgment or ruling, while the object of appeal is a first-instance judgment or ruling that has not yet become legally effective.

2. The complaint subjects with different subject ranges are the parties and their legal representatives and close relatives; The main body of the appeal is the defendant, the parties involved in the incidental civil action and their legal representatives, the defendant's defender and the close relatives with the consent of the defendant.

3. The organs accepting complaints are different, including the people's court that originally tried the case and its superior people's court and the people's procuratorates corresponding to the people's courts at all levels; The organs accepting the appeal can only be the people's court that originally tried the case and the people's court at the next higher level.

4. The time limit is different. There is no appeal period in the Criminal Procedure Law, but the latest judicial interpretation explains that the appeal period is generally within 2 years after the execution of the penalty; As for the Appeal Law, the time limit for appealing against civil decisions is 65,438+00 days, and the appeal period is 65,438+05 days. If there is no time limit for appeal, it shall apply for retrial within two years from the date when the judgment takes effect.

5. Complaints with different consequences are only the source of materials to start the trial supervision procedure, and the execution of effective judgments and orders cannot be stopped; However, the appeal will inevitably lead to the second-instance procedure and the judgment and ruling of the first instance will not take effect. After hearing by the people's courts at two levels, if a party refuses to accept the case, it shall be handled as a complaint. After being handled by the people's courts at two levels, the parties still insist that there is no new evidence for the complaint, and the people's courts will no longer accept it.

What is the appellant?

Hello, in our country, the plaintiff, the defendant, the co-litigant, the agent ad litem and the third party with independent claim all have the right of appeal, and they can all become appellants through their own appeals. * * * Different litigants become appellants due to different types. Hope to adopt!

What is the verdict that cannot be appealed?

In addition to the rulings that can be appealed according to the law, there are also rulings that cannot be appealed, which are listed as follows:

Inadmissible ruling

Article 140th of the Civil Procedure Law stipulates that: The ruling applies to the following scope:

Inadmissible;

(2) Having objections to jurisdiction;

(3) dismiss the prosecution;

(4) Property preservation and prior execution;

(five) to approve or disapprove the withdrawal of the lawsuit;

(6) Suspension or termination of litigation;

(seven) to correct clerical errors in the judgment;

(8) Suspension or termination of execution;

(9) Failing to execute the arbitral award;

(ten) do not execute the creditor's rights documents issued by the notary office;

(eleven) other matters that need to be resolved by ruling.

An appeal may be lodged against the rulings in items (1), (2) and (3) of the preceding paragraph.

The written ruling shall be signed by the judges and court clerks and stamped with the seal of the people's court. If the award is made orally, it shall be recorded in the record.

A ruling challenging jurisdiction

A ruling dismissing the prosecution.

A ruling rejecting the bankruptcy application

Article 252 of the Civil Procedure Opinions: All bankruptcy and debt repayment cases shall be ruled; The parties may appeal against the ruling rejecting the bankruptcy application, but may not appeal against other rulings.

A ruling that the bankruptcy application is inadmissible.

Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Enterprise Bankruptcy Cases: If the people's court rejects the bankruptcy application, it shall make a ruling. If the bankruptcy applicant refuses to accept the ruling that the bankruptcy application will not be accepted, he may appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.

What happened after the appeal was filed?

Appeals are divided into civil appeals, criminal appeals and administrative appeals. I think you mean the appeal in civil proceedings. Answer appeals in civil proceedings.

The appeal results of civil litigation are as follows:

First, if the original judgment found that the facts were clear and the applicable law was correct, the judgment dismissed the appeal and upheld the original judgment;

Second, if there is an error in the application of the law in the original judgment, the judgment shall be changed according to law;

Third, 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 the case for retrial, or the judgment was changed after the facts were ascertained;

Fourth, 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.

To sum up, either the court of second instance upheld the original judgment, or changed it, or sent it back to the people's court that originally tried it for retrial. If the court of second instance upholds the original judgment or changes the sentence, then you can't appeal any more, only appeal; If Yuanbao is sent back to the people's court that originally tried for retrial, it can appeal after the trial is completed according to the procedure of first instance.

What decisions can be appealed?