code of civil law
Article 164 If a party refuses to accept the judgment of first instance of a local people's court, he shall have 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.
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.
Article 165 An appeal shall be attached. The contents of the complaint shall include the names of the parties, legal persons and their legal representatives or other organizations and their principal responsible persons; The name, case number and cause of action of the people's court that originally tried the case; The request and reasons for the appeal.
Article 166 An appeal shall be filed through the people's court that originally tried the case, and copies shall be submitted according to the number of the opposing parties or agents.
If the parties directly appeal to the people's court of second instance, the people's court of second instance shall transfer the appeal to the people's court that originally tried the case within five days.
Article 167 After receiving the appeal, the people's court that originally tried the case shall serve a copy of the appeal to the other party within five days, and the other party shall submit a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court.
After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days.
Article 169 A people's court of second instance shall form a collegial panel when trying an appeal case. After reading papers, investigating and asking the parties, if the collegial panel does not present new facts, evidence or reasons, and thinks that it is unnecessary to hold a court session, it may not hold a court session.
The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.
Criminal procedure law
Article 216 The defendant, the private prosecutor and their legal representatives have the right to appeal to the people's court at the next higher level in writing or orally if they refuse to accept the judgment or ruling of first instance of the local people's courts at various levels. Defenders and close relatives of the defendant may appeal with the consent of the defendant.
Article 219 The time limit for an appeal or protest against a judgment is ten days, and that for an appeal or protest against a ruling is five days, counting from the day after the judgment or ruling is received.
Article 220 If the defendant, the private prosecutor, the plaintiff and the defendant in an 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 the case file and evidence to the people's court at the next higher level, and at the same time 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.
Article 223 When trying the following cases, the people's court of second instance shall form a collegial panel:
(a) the defendant, the private prosecutor and his legal representative raised objections to the facts and evidence ascertained in the first instance, which may affect the conviction and sentencing;
(2) An appeal case in which the defendant was sentenced to death;
(3) Cases protested by people's procuratorates;
(4) Other cases that should be heard in court.
If the people's court of second instance decides not to hold a hearing, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents ad litem.
The people's court of second instance may hear an appeal or protest case in the place where the case occurred or in the people's court that originally tried the case.