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In our country, the second instance of civil litigation is the final instance system. If you are dissatisfied with the first instance, you can bring a second instance lawsuit. If the second trial is not satisfied, no lawsuit can be filed, and only a protest can be filed against the second trial. So how long is the protest period in the second instance of civil litigation? People generally don't know enough about this, so let our Bian Xiao 365 explain it to you.
First, how to lodge a protest in civil litigation?
Protest means that a people's procuratorate at the next higher level may lodge a protest against a legally effective judgment or ruling. According to the provisions of China's Civil Procedure Law, the Supreme People's Procuratorate can lodge a protest against legally effective judgments and rulings of people's courts at all levels and people's procuratorates at higher levels, and against legally effective judgments and rulings of people's courts at lower levels; Local people's procuratorates at all levels may not directly lodge a protest against the legally effective judgment or ruling of the people's court at the next higher level, but only request the people's procuratorate at the next higher level to lodge a protest.
Second, how long is the time limit for civil litigation protest?
The People's Procuratorate is the legal supervision organ in China. According to the civil procedure law, the people's procuratorate has the right to exercise legal supervision over the civil trial activities of the people's courts. The specific way of supervision is that the people's procuratorate thinks that the legally effective judgment of the people's court is wrong and submits it to the people's court for retrial in accordance with legal procedures and methods, that is, exercising procuratorial supervision through protest. The time limit for appeals and protests against the judgment is ten days, and the time limit for appeals and protests against the ruling is five days, counting from the second day after receiving the judgment or ruling.
3. What are the ways to protest?
The way of protest refers to the way that the people's procuratorate protests against the effective judgment of the people's court. If the people's procuratorate decides to lodge a protest against the effective judgment of the people's court, it shall lodge a protest. The protest is a legal document for the people's procuratorate to protest against the effective judgment of the people's court, and it is also a legal document for the people's procuratorate to exercise its procuratorial supervision power and cause the retrial of the protested case. The protest should include: the people's procuratorate that lodged the protest and the people's court that accepted the protest; A judgment or ruling on the case number and its legal effect made by the court that originally tried the protest case; The facts and reasons for the protest; It's time to lodge a protest. If there is evidence, the people's procuratorate may provide evidence or sources of evidence to the people's court at the same time as protesting to the people's court.
The case protested by the people's procuratorate shall be retried by the people's court, that is, as long as the people's procuratorate protests, the people's court will directly retry it without the dean submitting it to the judicial Committee for discussion.
To sum up, the period of protest in the second instance of civil litigation in China is ten days, and the period of appeal and protest against the ruling is five days, counting from the second day of judgment. If there is evidence in the protest, it can be provided to the people's court when the lawsuit is filed, and it is guaranteed to be implemented in accordance with the law. If you don't know more, please consult.
Extended reading:
What are the provisions of the trial in civil litigation?
What are the three principles of evidence in civil litigation?
What are the conditions for civil litigation?