Is the appeal of the second instance submitted through the court of first instance?

It can be submitted through the court of first instance or directly to the higher court. According to the regulations, if the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall transfer the appeal together with the case file and evidence to the people's court at the next higher level within three days, and send a copy of the appeal to the people's procuratorate at the same level and the other party.

An appeal is a document that the parties to a civil, administrative or criminal case appeal to the people's court at the next higher level in accordance with legal procedures and time limits if they refuse to accept the judgments or rulings of first instance made by local people's courts at all levels.

The appeal is a difficult legal document, and it needs a certain foundation of legal practice to write it well. Because the appeal requires a detailed analysis of the contents of the first-instance judgment, it is necessary to judge whether the first-instance judgment is an error in applying law, an error in ascertaining facts or a procedural violation. The important content of the indictment is the claim, while the important content of the appeal is the facts and reasons.

Legal basis:

Criminal Procedure Law of the People's Republic of China

Article 23 1

If the defendant, private prosecutor, plaintiff and defendant in incidental civil action appeal through the people's court of first instance, the people's court of first instance shall, within three days, transfer the appeal together with case files and evidence to the people's court at the next higher level, and send a copy of the appeal to the people's procuratorate at the same level and the other party. If the defendant, private prosecutor, plaintiff and defendant in incidental civil action directly appeal to the people's court of second instance, the people's court of second instance shall send the appeal to the people's court that originally tried the case within three days, and send a copy to the people's procuratorate at the same level and the other party.