First of all, the final judgment of the court
The final judgment refers to the final judgment of the court on the case. China implements the system of second instance as the final instance, with the intermediate people's court, the higher people's court and the second instance in the Supreme People's Court as the final instance. The Supreme People's Court is the first instance and the final instance.
If you are dissatisfied with the judgment of the court of first instance, you can appeal to a higher court and start the second instance procedure. The judgment of second instance is final and the parties may not appeal again. If you disagree with the judgment of the second instance and think that there are procedural and substantive errors, you can file a retrial (which is called trial supervision procedure in China). There are three ways to start the trial supervision procedure: the parties apply for retrial, the court decides to retry, and the procuratorate protests retrial.
Second, the system of second instance and final adjudication.
The system of final adjudication by two courts is a trial-level system for courts to hear cases, that is, a case can only be declared terminated and become legally effective after being tried by two courts. In the legal history of China and foreign countries, there have been different trial-level systems. In the early days of the People's Republic of China, China implemented a three-level and three-trial system. 1954 After the implementation of the Organic Law of People's Republic of China (PRC) Courts, it was changed to a four-level two-trial system, that is, a two-trial final trial system. China's people's courts are divided into grass-roots people's courts, intermediate people's courts, higher people's courts (all local people's courts) and the Supreme People's Court four levels.
Third, the defects of the system of second instance and final instance.
1, which is not conducive to the unification of law application. Due to the low level and large number of courts of final appeal, the interpretation of the law by each court of final appeal is often very different and varies from place to place.
2. The trial level of some courts of final appeal is low, and it is difficult to correct the improper judgment of first instance through appeal trial.
3. It is not conducive to eliminating the influence of local protectionism and the human relations between judges and parties.
Final judgment _ Baidu Encyclopedia
After the final judgment takes effect, can the defendant sue again? After the final judgment takes effect, the defendant can no longer sue. Article 175 of the Civil Procedure Law stipulates that the judgments and orders of the people's court of second instance are final.
The so-called system of second instance and final adjudication means that no matter what lawsuit, it will come to an end after being handled by two people's courts at most, and the lawsuit cannot continue. If a party refuses to accept the judgment or ruling made by the court of second instance, he can only appeal, but not appeal. The appeal does not affect the legal effect of the judgment or ruling of second instance.
Can I appeal after the final judgment? First of all, we must clarify the concept of final appeal. 1. Within fifteen days after the first-instance judgment comes out, if either party does not appeal, the judgment will take effect and no appeal will be allowed in the future; 2. After the judgment of second instance comes out, the date of judgment is final, and no appeal is allowed. But in either case, a retrial is needed, but certain conditions must be met. Secondly, about retrial. There are two situations in retrial. To put it simply, first, the court found that it was wrong and the subject started the retrial procedure; Second, if the parties (plaintiff or defendant) think that the judgment is wrong or illegal, they can file a retrial with the procuratorate. Finally, the validity of the judgment in the retrial case. Even if a retrial is initiated, the final judgment is still valid. The legal definition of retrial is "... the legally effective judgment of the people's court ...". So effective without objection.
Can the final judgment of the court be appealed? The final judgment of the court cannot be appealed. According to the provisions of China's criminal procedure law and civil procedure law, in principle, all cases in China adopt the system of two trials as the final instance. All cases judged by people's courts at or above two levels are final. Cases that have been finalized shall not be appealed. However, in criminal cases, if the people's procuratorate believes that the trial is indeed wrong, it may lodge a protest, and the rest of the cases shall not be appealed.
Can it be changed after the final review? You can file a protest. For specific operation, consult the case-handling lawyer.
Can I sue after the final trial? Hello! If you can provide new evidence and form a new cause of action, you can sue.
The court's final judgment has passed and the appeal period has passed. Can I appeal to the defendant again? China implements the system of two trials and final adjudication. Since the court made the final judgment, the judgment has come into effect. There is no question of time limit for appeal. If you refuse to accept the final judgment, you can apply for retrial or protest relief from the procuratorate. If the appeal period has expired after the judgment of the first instance and the judgment becomes effective, you can also apply to the intermediate people's court for retrial, or appeal to the municipal procuratorate to protest and safeguard your legitimate rights and interests.
Seek adoption
I don't agree with the court's first-instance judgment that I won't sign. Can I appeal, as long as the judgment is served on the parties, whether it is signed or not is the same? As long as you refuse to accept the judgment of first instance, you can appeal within the legal time.
The law provides that:
Article 164 of the Civil Procedure Law If a party refuses to accept the judgment of the first instance of a local people's court, he has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment.
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.
The final judgment of divorce, the defendant refused to accept the final judgment made on April 30, 20 10, and upheld the original judgment. Married in 2006. After marriage, the man went out to work and the woman lived in her family. After the breakup, the man was divorced twice and had no children. The house belongs to the man's parents. After the renovation, she lived with her parents. At that time, the woman spent tens of thousands of dollars to decorate and buy the sofa and air conditioner in the hall, but she couldn't produce evidence, so she was taken away by the man's family, and only the TV, air conditioner and bed in the bedroom were sentenced to the woman and herself.
Can I appeal if I lose the final appeal? There is no appeal for losing the final judgment, but if there are justified reasons or new evidence to prove that the judgment is wrong, I can appeal to the Court of Final Appeal.