1. Can customers submit complaints?
According to the relevant laws and regulations of our country, when an appeal is filed, the parties may entrust an agent to appeal, and the appeal may be filed with the people's court by the agent, and the second trial shall be conducted by the agent.
People's Republic of China (PRC) Civil Procedure Law
Article 59 To entrust another person to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court.
The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf.
The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.
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.
Second, what are the grounds for the appeal?
The main reasons for appeal are: unclear facts, insufficient basis for judgments and rulings, and improper application of laws; Violation of litigation procedures, etc. If the reasons for the appeal are correct, they can be used as the basis for revoking or modifying the original judgment.
Justifiable grounds for appeal usually include:
1. The facts in the original trial were unclear and the evidence was insufficient.
2, improper application of the law, conviction and sentencing errors.
3. Violating the litigation procedure and affecting the correctness of the referee.
Generally speaking, the reasons for the appeal come from the opinions of the parties and may not necessarily conform to the actual judgment. However, according to the provisions of China's criminal procedure law, as long as the parties file an appeal within the statutory time limit, the military court of second instance should accept it regardless of whether the reasons are justified or sufficient. After examination, if the reasons for the appeal are incorrect or nonexistent, the appeal may be ruled to be rejected.
Three. Materials to be submitted when filing a civil lawsuit
1, civil indictment. (1 2 copies for the defendant, 2 copies for the defendant and 3 copies for the defendant, and so on, all of which shall be signed or sealed by the plaintiff).
2, the main evidence materials and a copy of the directory. (1 2 for the defendant, 3 for the defendant, and so on)
3. 1 Copy of the plaintiff's ID card and provide the original for inspection. Where a legal (designated) agent brings a lawsuit on his behalf, he shall submit a copy of his identity card and a copy of the relationship certificate with the plaintiff, and provide the original for inspection. If there is no identity card, provide other identification materials.
4. If another person is entrusted to represent the lawsuit, submit 1 copy of the power of attorney with clear authorization and the ID card of the trustee, and provide the original for inspection.
5. If a lawyer is entrusted to represent the lawsuit, a clearly authorized power of attorney and a copy of the certificate, letter and lawyer's card of the entrusted law firm shall be submitted.
6. If the defendant is a company, provide the defendant with basic business information. Note: A4 paper must be used for all the above materials.
Legal objectivity:
People's Republic of China (PRC) Civil Procedure Law
Article 61
The parties and legal representatives may entrust one or two persons as agents ad litem. The following persons may be entrusted as agents ad litem:
(1) Lawyers and grassroots legal service workers;
(2) Close relatives or staff members of the parties concerned;
(three) citizens recommended by the community, units and relevant social groups where the parties are located.
People's Republic of China (PRC) Civil Procedure Law
Article 62
If another person is entrusted to represent the lawsuit, a power of attorney signed or sealed by the client must be submitted to the people's court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have the special authorization of the client, and can admit, waive or change the claim, make a settlement, file a counterclaim or appeal on his behalf. The power of attorney sent or entrusted by China * * and China citizens living abroad must be authenticated by China * * and China's embassy or consulate in that country;
If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country that has diplomatic relations with the people of China, and then by the people of China and the embassy or consulate of China in a third country, or by the local patriotic overseas Chinese delegation.