I. Conditions for filing an appeal
As long as the subject of the right of appeal refuses to accept the judgment or ruling of first instance and files an appeal according to law within the statutory time limit, the people's court shall accept it and cause the procedure of second instance. Local people's procuratorates at all levels can only lodge a protest if they think that the judgment or ruling of the people's court at the corresponding level is indeed wrong. The specific performance is as follows:
1, the facts are unclear and the evidence is insufficient;
2, there is sufficient evidence to prove guilty and innocent, or innocent and guilty;
3, felony light sentence, misdemeanor heavy sentence, the application of punishment is obviously improper;
4, that the charges are incorrect, and several crimes for one crime and several crimes are combined, which affects sentencing or causes serious social impact;
5. Exempting from criminal punishment or applying probation error;
6. The people's court seriously violated legal procedures during the trial.
Second, what is the civil appeal process?
1, sue, that is, file a complaint with a court with jurisdiction.
2. Filing a case for review
In line with the conditions for filing a case, notify the parties concerned to pay the legal fees within 7 days, and file a case after paying the fees; If it does not meet the conditions for filing a case, it shall be ruled inadmissible.
If you refuse to accept the decision to dismiss the prosecution, you should appeal to the Higher People's Court within 10 days.
After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days, and notify both parties to exchange evidence. According to the application of the parties, the court may make a ruling on property preservation and immediately start execution.
3. Arrange the court session time
Notify the parties of the time, place and undertaker of the court session 3 days in advance; The public hearing of the case will be announced three days in advance.
Step 4 hold court sessions
Announce the hearing, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal.
Legal basis: Article 22 of the Measures for Payment of Litigation Fees.
The plaintiff shall pay the case acceptance fee within 7 days after receiving the notice of the people's court to pay the litigation fee; In a counterclaim case, the party who files a counterclaim shall pay the case acceptance fee within 7 days from the day after filing the counterclaim. The case acceptance fee for an appeal case shall be paid in advance by the appellant when submitting an appeal to the people's court. If both parties appeal, they shall pay in advance respectively. If the appellant fails to pay the legal fees in advance during the appeal period, the people's court shall notify him to pay in advance within 7 days. The application fee shall be paid in advance by the applicant when filing the application or within the time limit specified by the people's court.