In the case of the Supreme People's Court, the time limit for accepting appeals and protest cases shall be decided by the Supreme People's Court.
How long is the interval between the first trial and the second trial? If a party refuses to accept the judgment 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 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. The interval between the first trial and the second trial is generally not more than three months.
The main differences between the first trial and the second trial. 1, with different properties. In the final analysis, due to the differences in trial basis and trial tasks, they are different in nature: the trial basis of the first instance procedure of the people's court is the first instance jurisdiction over administrative cases, and its nature is the review of the legality of specific administrative acts; The trial basis of the second instance procedure of the people's court is the trial supervision right of the people's court at the next higher level to the people's court at the next lower level. Its nature is to examine the legality of the first-instance judgment and finally solve the specific dispute between the administrative organ and the administrative counterpart.
2. There are different reasons for the occurrence of trial proceedings. The procedure of second instance is based on the exercise of the right of appeal by the parties, and the procedure of first instance is based on the exercise of the right of prosecution by the plaintiff.
3. The object and scope of the review are different. The court of first instance examines whether the specific administrative act made by the defendant is legal, and only examines the legality of the specific administrative act in dispute and the related administrative legal relationship; In addition, the scope of review by the court of second instance also includes whether the judgment of first instance is correct, that is, the review in the second instance procedure is a double review of the specific administrative act and the judgment of first instance.
4. The parties causing the trial procedure are different. In the first instance, the status of the original defendant and the defendant is fixed, and the plaintiff who brought the lawsuit and caused the first instance procedure is a citizen, legal person or other organization of the administrative counterpart; However, the litigation status of the parties in the second instance is not fixed and there is no qualification restriction. The plaintiff, the defendant and the third party in the original trial may act as the appellant and the appellee at the same time.
Legal basis:
Criminal procedure law
Article 243 The people's court of second instance shall conclude the case of appeal or protest within two months. For a case that may be sentenced to death or a case with incidental civil action, if one of the circumstances specified in Article 158 of this Law occurs, it may be extended for two months with the approval or decision of the higher people's court of a province, autonomous region or municipality directly under the Central Government; Due to special circumstances need to be extended, it shall be submitted to the Supreme People's Court for approval. The time limit for accepting appeals and protests in the Supreme People's Court shall be decided by the Supreme People's Court.
Article 244 The judgments and orders of second instance and the Supreme People's Court are final.