1. Procedure for filing a complaint with the procuratorate in a civil case 1. An appeal should be submitted. The appeal shall be filed through the People's Court of first instance, and copies shall be filed according to the number of parties or representatives of the other party. If a party directly appeals to the People's Court of second instance, the People's Court of second instance shall transfer the appeal petition to the People's Court of first instance within five days. 2. If the parties concerned are dissatisfied with the first-instance judgment of this court, they have the right to appeal to the people's court at the next higher level within fifteen days from the date of delivery of the judgment. If the party concerned is dissatisfied with the first-instance judgment of the local people's court, he or she has the right to appeal to the higher-level people's court within ten days from the date of delivery of the judgment. 3. After the original People's Court receives the appeal petition, it shall send a copy of the appeal petition to the other party within five days, and the other party shall file a reply within 15 days from the date of receipt of the copy. The People's Court shall serve a copy to the appellant within five days from the date of receipt of the statement of defense. If the other party fails to submit a statement of defense, it will not affect the trial of the People's Court. After receiving the appeal and defense, the first-instance People's Court shall transfer the case together with all case files and evidence materials to the second-instance People's Court within five days.
2. The time limit for hearing a case under the trial supervision procedure The time limit for a criminal case to be retried according to the trial supervision procedure is three months; if the time limit needs to be extended, it can be extended for three months with the approval of the president of this court. For civil and administrative cases that are decided to be retried, the time limits for first instance and second instance shall apply respectively according to the procedures applicable to the retrial. The People's Court shall conduct a review within three months from the date of receipt of the retrial application. If it complies with the provisions of this Law, it shall rule to retrial; if it does not comply with the provisions of this Law, it shall rule to reject the application. If there are special circumstances that require an extension, it shall be approved by the president of the court.
2. What are the obligations of the subject of the complaint? According to relevant regulations, the obligations and requirements of the subject of the criminal complaint mainly include the following four points: 1. The complaint must be filed in accordance with the decided procedure. If the case has not been handled, you can report the situation to the department that is handling it, without going through the review process; and after the procuratorate makes a decision not to prosecute, you can file an appeal within 7 days. If you appeal beyond the legal time limit, you may not be able to file a review; and Complaints should be filed in accordance with the prescribed departmental jurisdiction and level jurisdiction, and complaints should not be used as an excuse to make unreasonable or over-level complaints to judicial organs. 2. The appeal must be made in the manner decided. The complainant shall issue a letter of appeal and attach the original or copy of the judgment, ruling, or decision; if someone entrusts another person to appeal, a power of attorney must be provided. 3. The execution of the judgments and rulings of the People's Court or the decisions of the People's Procuratorate will not be suspended due to the complainant's appeal. 4. To maintain normal social order and work order, the complainant shall not abuse the right to complain, make unreasonable complaints, obstruct official duties, and shall not falsely accuse or frame others on the grounds that judgments, rulings, decisions are unfair or wrong, or law enforcement officials bend the law for personal gain, otherwise they will be held liable. corresponding legal responsibilities.
3. What are the circumstances for appeal retrial? 1. There is new evidence proving that the original judgment or ruling was indeed wrong in determining the facts. In other words, the complainant provided factual materials that the People's Court did not master during the trial. This evidence is sufficient to prove that the original judgment and ruling were wrong in identifying the main criminal facts and main plots of the case. The main facts of the case include whether a crime objectively occurred, whether the defendant committed the crime, the causal relationship between the crime and the harmful consequences, the defendant's age of criminal responsibility, behavioral capacity, performance before and after the crime, etc.; the major circumstances of the case include The defendant’s criminal motive, criminal purpose, criminal means, criminal consequences, etc. Misidentification of the main criminal facts or major circumstances of a case may affect the judgment of the case, which requires the case to be re-examined. 2. The evidence on which the conviction and sentencing is based is inaccurate or insufficient, or there are contradictions between the main evidence to prove the facts of the case. 3. The original judgment or ruling applied the law incorrectly.
Errors in applicable law include: errors in citing laws in the judgments and rulings of the People's Court. Errors in citation of law refer to errors in citations of laws including provisions and relevant judicial interpretations cited in judgments and rulings; errors in qualitative conviction refer to judgments and rulings that confuse crime and non-crime, crime and non-crime, and the number of crimes between crime and non-crime; sentencing errors are Refers to the sentence that exceeds the light and severe boundaries stipulated by law. For example, when sentencing for a misdemeanor, additional penalties should not be applied, or the penalty should be lighter or mitigated, or the penalty should not be reduced, or even the penalty should be lighter or heavier, etc. wait. 4. Judges engage in corruption, accept bribes, and bend the law for personal gain during the trial of cases. Judges of the People's Court are state law enforcement officers who exercise judicial power. When hearing cases, judges should be honest, loyal to their duties, and act impartially. If a judge, while handling a case, takes advantage of his or her power to engage in corruption, accept bribes, or accept ill-gotten money or bribes from the parties, or is motivated by The judgments and rulings made in this case not only violate the principles of trial, but also may be unfair. , should be corrected. However, if the complainant merely suspects, analyzes or infers that the judge has committed corruption, bribery, malpractice for personal gain, or miscarriage of justice, this cannot be used as a reason for a new trial. To sum up, I have explained the procedural knowledge for filing a complaint with the procuratorate in a civil case. The premise of the appeal is that the procuratorate will review the case, decide whether to file a protest, and then submit a letter of complaint and serve it to the parties in accordance with the procedures. If you don’t understand, it is recommended to consult a lawyer.