Secondly, whether it is the first trial or the second trial, the only basis for the court to decide whether the two parties are divorced is that their feelings have indeed broken down and they cannot live together, which has nothing to do with whether to appeal. According to the second paragraph of Article 32 of the Marriage Law (Amendment): "The people's court shall conduct mediation when trying divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. " This provision shows that whether a man and a woman grant a divorce after filing a divorce does not depend on whether the other party agrees to divorce, but is judged by the court according to whether the relationship between husband and wife has really broken down and mediation is ineffective.
If the court of first instance decides that one party refuses to accept the appeal, can the court change the probation? If the court of first instance decides that one party refuses to accept the appeal, can the court change the probation?
1 First of all, in divorce cases, if you are dissatisfied with the first instance or have objections, you can appeal. However, the appeal and trial procedures of divorce cases are quite special: if the court of first instance decides that divorce is not allowed, and the court of second instance thinks that divorce should be allowed after the parties appeal, it cannot directly make a judgment to allow divorce, and must first mediate on children, property and other issues. If mediation fails, the case is sent back to the court of first instance for retrial.
2. Secondly, whether it is the first trial or the second trial, the only basis for the court to decide whether the two parties are divorced is that their feelings have really broken down and they can't live together, which has nothing to do with whether to appeal. According to the second paragraph of Article 32 of the Marriage Law (Amendment): "The people's court shall conduct mediation when trying divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. " This provision shows that whether a man and a woman grant a divorce after filing a divorce does not depend on whether the other party agrees to divorce, but is judged by the court according to whether the relationship between husband and wife has really broken down and mediation is ineffective.
3. How will one party in the second instance of divorce leave the court? Applying to the court for divorce does not necessarily mean divorce. If you want the court to divorce, you have to provide evidence that two people's feelings have broken down, so that you can divorce faster. In the case of divorce, one party is still in the second instance. At this time, I suggest you consult the lawyer of Hualv. Provide good advice.
In the divorce case, the court decided to divorce at first instance, and the woman was sentenced to imprisonment. If the woman refuses to accept the appeal, will the court change the sentence in the second instance? This is not directly related to the woman's additional criminal punishment.
Whether the second trial is changed depends on whether the woman can present new evidence during the second trial. If not, the original judgment is upheld.
Can the court change the sentence on appeal? 1. First of all, in divorce cases, if you are dissatisfied with the first instance or have objections, you can appeal. However, the appeal and trial procedures of divorce cases are quite special: if the court of first instance decides that divorce is not allowed, and the court of second instance thinks that divorce should be allowed after the parties appeal, it cannot directly make a judgment to allow divorce, and must first mediate on children, property and other issues. If mediation fails, the case is sent back to the court of first instance for retrial.
2. Secondly, whether it is the first trial or the second trial, the only basis for the court to decide whether the two parties are divorced is that their feelings have really broken down and they can't live together, which has nothing to do with whether to appeal. According to the second paragraph of Article 32 of the Marriage Law (Amendment): "The people's court shall conduct mediation when trying divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. " This provision shows that whether a man and a woman grant a divorce after filing a divorce does not depend on whether the other party agrees to divorce, but is judged by the court according to whether the relationship between husband and wife has really broken down and mediation is ineffective.
3. How will one party in the second instance of divorce leave the court? Applying to the court for divorce does not necessarily mean divorce. If you want the court to divorce, you have to provide evidence that two people's feelings have broken down, so that you can divorce faster. In the case of divorce, one party is still in the second instance. At this time, I suggest you consult the lawyer of Hualv. Provide good advice.
Will the Intermediate People's Court of Appeal change the sentence after the first-instance judgment of divorce? In an appeal case, whether the court will change the sentence is based on facts. If the court thinks that the judgment of the first instance is wrong, it can send it back for retrial or change the judgment. According to the provisions of Article 170 of the Civil Procedure Law, after hearing an appeal case, the people's court of second instance shall handle 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.
Can the court judge whether the trial is inseparable from the appeal? After the marriage judgment is made, there is no appeal, and the marriage is dissolved from the effective date of the judgment.
If you refuse to accept the judgment of the first instance, you can appeal, but pay attention to the time of appeal.
Therefore, the problem that the trial cannot be divorced from the appeal does not exist.
The court decided to divorce in the first instance and the defendant refused to accept the appeal. Can I get married in the meantime? If one party appeals after the judgment of the first instance, the judgment of the first instance has not taken effect, and the two parties are still legally husband and wife.
If the divorce court refuses to accept the first-instance judgment, it will give you a formal format to appeal against the first-instance judgment.
Civil appeal
Appellant: Name: _ _ _ _ _ _ Address: _ _ _ _ _ Tel: _ _ _ _ _ _ _
Authorized Agent: Name: _ _ _ _ _ _ Gender: _ _ _ _ _ _ Age: _ _ _ _ _ _ _
Nationality: _ _ _ _ _ _ Job title: _ _ _ _ _ Work unit: _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _
The appellant refuses to accept the court decision of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Judge no. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Reasons for Appeal and Request: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Zhezhi
_ _ _ _ People's Court
Appellant: _ _ _ _ _ _ (seal)
_ _ _ _ _ _ _ _ _ _ _ _ _
Attachment: 1, and _ _ copies of this appeal.
2. Relevant certification materials _ _.
Note: ① The reasons for appeal shall comprehensively state the facts and reasons that the people's court of first instance found and the applicable law was wrong, including the facts, reasons and evidence that were not provided in the procedure of first instance. The appeal request includes the request to cancel or change the original judgment in whole or in part.
If a party refuses to accept the judgment of the court of first instance, he has 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.
The specific content can be filled in by yourself. You can answer further questions.
If a party refuses to accept the judgment of the local people's court of first instance, he may appeal to the people's court at the next higher level within the statutory time limit, and the time limit for appealing against the judgment is within 15 days from the date of service of the judgment.
Legal basis:
Article 164 of the Civil Procedure Law If a party refuses to accept the judgment of the first instance of a local people's court, he has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment.
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.
The judgment of the first instance was 50,000, and the defendant refused to accept it and appealed. Whether the court of second instance can change the sentence mainly depends on whether the facts of the case are clear, whether the evidence is sufficient and whether the applicable law is correct. Otherwise, there is little chance of changing the sentence.