The format of the appeal is 1.
First, the concept of appeal.
Appeal is the act that a party refuses to accept the judgment or ruling of first instance made by a local people's court, and appeals to the people's court at the next higher level within the legal time limit (the time limit when the judgment or ruling has not yet taken legal effect) in accordance with legal procedures, requesting a retrial and amending the defense.
The parties to an appeal are called the appellant and the appellee, and they can be the plaintiff or the defendant in the first-instance procedure.
Second, the scope of appeal.
1. The scope of appeal is limited to the first-instance judgment or ruling that has not yet taken legal effect.
2. The appeal is valid only if it is filed within the statutory time limit.
The Criminal Procedure Law stipulates that the appeal period against criminal judgment is ten days, and the appeal period against ruling is five days.
The Civil Procedure Law stipulates that the time limit for filing an appeal against a civil action is fifteen days, and the time limit for filing an appeal against a civil ruling is ten days.
The appeal period shall be counted from the date when the judgment or ruling of first instance is served on the parties.
Third, the characteristics of the appeal.
1. Strong pertinence.
This is the most striking feature of the appeal.
The appeal shall appeal against the people's court's judgment or ruling that the facts are ascertained, the nature is determined, the legal provisions are applied, and the litigation procedure is wrong.
2. Completely rational.
When the appeal denies or partially denies the court's first-instance judgment and ruling, it is necessary to point out the reasons for disagreeing with the denial, which requires putting facts and reasoning.
Fourthly, the function of appeal.
1. Protect the legitimate rights and interests of the defendant.
The establishment of the appeal system embodies the legal equality and democratic spirit of all citizens.
2. The establishment of the appeal system can strengthen the guidance and supervision of the people's court at a higher level to the people's court at a lower level, and improve the quality of handling cases.
The structure and writing of verb (verb's abbreviation) appeal
An appeal usually consists of a head, a cause of action, an appeal request, an appeal reason and a tail.
1. Header
It consists of two parts: the title and the basic situation of the parties.
(1) title.
The nature and language of the case should be stated, such as? Civil appeal? .
(2) Basic information of the parties.
The appellant should be written first, and then the appellee should be written, and its first-instance litigation status (defendant or plaintiff) should be indicated in brackets.
Then write down the name, gender, age, nationality, native place, occupation, work unit and address in turn.
If the party concerned is an enterprise, institution or government organization, its full name, location and the name and position of its legal representative shall be stated.
If a party's legal representative or entrusted agent participates in the litigation, the name, sex, age, nationality, place of origin, work unit, position and address of the agent shall be stated.
Z. Causes of action
Indicate the source of the judgment or ruling that the appellant refuses to accept, such as? The appellant refused to accept the judgment of the people's court,No. X, X, X, X, X.
The judgment (ruling) is appealed, and the appeal request and reasons are as follows? .
3. Appeal request
That is, the appellant filed a request to the people's court of second instance to cancel or change the judgment of the court of first instance.
To revoke the original referee, it is necessary to clarify whether it is partially revoked or completely revoked.
4. Grounds for appeal
The reason for appeal is to demonstrate the appellant's appeal request.
Whether the appeal grounds are sufficient or not is related to whether the appeal request can be established.
Therefore, it is necessary to make a reasonable and well-founded discussion on the improper judgment of the original trial.
The reasons for appeal should mainly be considered from the following aspects:
(1) In ascertaining facts.
We can not only demonstrate the mistakes made by the trial judge in determining the facts, specifically point out the mistakes, and put forward objective and accurate facts to explain them, thus denying the facts determined by the trial judge, but also discuss the unclear facts determined by the trial judge, mainly pointing out that the evidence of the trial judge in determining the facts is insufficient.
(2) Qualitative and applicable law.
If the nature of the crime identified by the trial judge is inaccurate, the charge is improper, or the boundary between this crime and other crimes is confused, or there are circumstances such as lighter, heavier, mitigated or aggravated, and the judgment is not made in accordance with the relevant laws and regulations, it can be raised so that the people's court of second instance can pay attention to it when reviewing.
(3) trial procedure.
It mainly points out that the court of first instance violated the procedures stipulated by law in the trial, which affected the correct judgment of the case.
If the people's court violates the time limit for serving a copy of the indictment stipulated in the Criminal Procedure Law and fails to inform the defendant that he can entrust a defender, it may put forward any reasons that may affect the correct judgment of the case as the grounds for appeal.
After discussing the grounds for appeal, you can write a short conclusion, such as? Therefore, I appeal to your court, please cancel (or change) the original referee according to law? .
5. Tail
Indicate the delivery authority:? To the people's court of xx? .
Signature and seal of the holder: date, month, date and attachment of the holder.
The appendix mainly includes the number of copies of the appeal, the name, work unit, occupation and address of the witness, and the number of copies of physical evidence and documentary evidence.
Six, the writing requirements of the appeal
1. Seek truth from facts, and J abide by legal procedures.
Do you have to follow when writing appeals? Take facts as the basis and law as the criterion? In principle, the facts and evidence presented must be true and reliable and can withstand the investigation and verification of the people's court of second instance.
Must abide by legal procedures, such as appeal time limit, appeal procedure, appeal content and form, etc.
2. The reasons for the complaint should be well-founded and in line with national laws and regulations.
When clarifying the reasons for appeal, in view of the errors in the original judgment, such as inaccurate, untrue and unclear facts, improper application of laws, improper use of procedures, etc., the correct facts should be stated, the reasons should be explained, and the reasons for appeal should be put forward. It is not allowed to make mistakes and unreasonably entangle the lawsuit.
3. The appeal request must be concise and specific, and be put forward against the inadequacies of the original judgment.
Administrative appeal ii
Appellant (defendant in the original trial): x/ county highway section, address: No.4, X Street, county, and telephone number: 235XXX.
Legal representative: Huang×, position: long section of this highway.
Authorized Agent: Zhang x/, /x Regional Law Firm.
Appellee (plaintiff of first instance)://County Forestry Bureau, address:No. xx Road 12, /x County.
The appellant refused to accept the judgment of X County People's Court (19XX)x Fa Hang Zi No.08, and filed an appeal with X County Forestry Bureau for a road dispute.
The appeal request and reasons are as follows:
Appeal request:
1. Cancel//Court (19XX)/ Fa Xing Zi No.08;
2. Maintain the/county highway section in accordance with the law, and make the Decision of Road Administration Punishment Award (19XX)x Road Administration Zi No.03..
Facts and reasons:
First, the original judgment found the facts unclear.
Xx people's court (19XX )/ No.08 judgment holds that X village does not belong to the village in the city, and the building of houses in this village by Forestry Bureau is approved by the relevant departments of the county, and it is not illegal to build houses at a distance of /x highway ditch 10 meter. ? This is not true.
Was it drawn from xx County Urban Construction Bureau? Xx county town planning? It can be seen that the building location of Forestry Bureau has been included in the scope of market towns.
Now there are fixed buildings such as 10 1 hotels, restaurants and shops, and the village has begun to take shape. This is an undeniable fact.
According to the appellant's many field investigations, the farthest distance between the outer wall of the house built by Forestry Bureau and the outer edge of the side ditch of the highway is only 8.5 meters, and it is only 17 meters from the center line of the highway.
The original judgment found that the building built by the Forestry Bureau? X highway 10 meter? There is no evidence.
According to Article 18 of the Regulation on the Administration of /X Highway, towns and villages should build houses on both sides of the transit highway, and the distance between each house and the center line of the highway should not be less than 20 meters.
Article 2 1 also stipulates:? For suburban roads, from the outer edge of highway forest belt or ditch, embankment slope and cutting slope, buildings and sheds are not allowed to be built on both sides of national and provincial roads 10 meter. ? Either way, the houses built by Forestry Bureau in X/ Village are illegal buildings and should be demolished.
2. Improper application of law in the original judgment.
This case is a road administration dispute case. Only according to the "xxxx Highway Management Regulations" can it be determined whether the behavior of the Forestry Bureau is illegal, while the /X County People's Court is based on the "General Principles of Civil Law". Article 2, paragraph 2, is inappropriately applicable to the law.
To sum up, the Appellant thinks that (19XX) X method Xing Zi No.08 judgment finds the facts inaccurate and the applicable law is improper.
We hereby request your hospital to retry and change the sentence according to law.
I am here to convey
Xx District Intermediate People's Court
Appellant: XXX county highway section.
Legal Representative: Huang XX
Authorized Agent: Zhang XX
19XX x month XX day
Appendix:
1 certificate of legal representative 1 copy;
2. 1 power of attorney;
3. Physical evidence (photo) 1 copy.
Model essay on administrative appeal 3
Appellant (plaintiff in the original trial): Li? , male, aged? Ethnic group, city people, city? Retired factory worker, living in this city? Village? Street? Number.
Appellee (defendant of first instance): City? District Urban Construction Environmental Protection Bureau.
Legal Representative: Lai? , director.
Authorized Agent: Wang? Deputy director.
Cause of action: The appellant refuses to accept it? District People's Court (? )? Xing Zi's No.4 administrative judgment was appealed.
The appeal request and reasons are as follows:
Request: 1. Abstinence? District court (? )? Administrative judgment (Law No.4), revised according to law; 2. The appellee shall bear the administrative tort liability and compensate the appellant for all economic losses and building losses caused by the negligence of the appellee's staff in the course of performing their duties.
Reason:
I appellant 19? Year? Month? The appellee approved it on. Village? Street? A two-story east building has been built in your yard.
The appellant is based on the approved drawings and (? )? Jane? No. As a basis, before the appellant started the construction, the appellee sent people to the site for inspection, line drawing and piling positioning.
In order not to conflict with neighbors during the construction period, the appellant's son Li? When he arrived at the appellee's office, he stamped his handprint on the approved architectural drawings, and indicated on the spot that this 1. 15m (see drawings) was the west eaves.
The appellee did not make any statement after listening to it, nor did he make any explanation on the drawings.
On 19? Year? Month? The appellee asked the appellant to remove the west cornice 10 cm, and then build a high ridge on the roof to prevent rainwater from flowing out from the west.
Judging from the appellee's request, it is enough to prove the investigation in the judgment of the court of first instance: it is stated that there should be no buildings (referring to eaves)? The theory of "truth" cannot be established.
Does the court of first instance violate Article 4 of the Administrative Procedure Law by unilaterally hearing the appellee's statement without any basis and evidence as the basis of its judgment? When trying administrative cases, the people's courts should take facts as the basis and law as the criterion? The provisions of the.
If the facts and evidence of the case are unclear, it should be investigated and verified, and one party should not be trusted.
Two, the court of first instance "on-site inspection record" is mostly inaccurate, but what is the reason for this inaccuracy? It is irresponsible and dereliction of duty for the court of first instance to make a judgment based on the on-site investigation record without in-depth investigation and study, or even detailed investigation and verification of the relevant certificates (documentary evidence and investigation record) provided by the appellant.
As far as the Appellant knows, the Appellee went to the site for inspection and piling during the construction of the building. When the building was built to one meter high, its staff visited it on the spot, and there was no objection at that time and later.
Why didn't the court of first instance consider this situation? The appellant left a window on the west side of the building. The window was on the original drawing, but the door was located in the south, which was different from the judgment of the court of first instance. The west elevation of the drawings applied by the plaintiff faces west, but the building faces south.
So the west window appeared? That road.
The plaintiff's building door was left in the south, and both the defendant and the staff knew and saw the scene. Relevant evidence proves this.
From the verdict? West window? The question is enough to explain? There are no buildings in the west1.15m? This statement is absurd.
If the door is installed on the west side and there are no corridors and eaves on the second floor, how can I enter the house? Moreover, when there was a eaves dispute, the appellee only said that the west eaves were demolished 10 cm, and other issues were not investigated.
This can only show that the appellee allowed or acquiesced in the present situation of the building without any treatment.
Now that the appellee has gone back on his word, the court of first instance should not protect this behavior, let alone serve as the basis for the final judgment.
The court of first instance held that the plaintiff failed to carry out the construction according to the approved private building permit, and the building was indeed illegal. ? This is untenable.