The best way to protest is to ask a lawyer to help you better safeguard your rights and interests. In the protest of the procedure of second instance, only the local people's procuratorate at the same level has the right to protest against the judgment or ruling of first instance that has not yet taken legal effect. According to the Rules of Criminal Procedure of the People's Procuratorate, the people's procuratorate at a higher level may instruct the people's procuratorate at a lower level to lodge a protest according to law. The victim and his legal representative have the right to request the people's procuratorate to lodge a protest. The people's procuratorate at a higher level shall decide whether to support or withdraw the protest. The people's procuratorate at a lower level has the right to request reconsideration of the decision of the people's procuratorate at a higher level to withdraw the protest, and the people's procuratorate at a higher level shall conduct reconsideration and notify the people's procuratorate at a lower level of the reconsideration result. Cases protested by procuratorial organs shall be reported to the Standing Committee of the people's congress at the same level for the record in accordance with regulations. Article 242 of the Criminal Procedure Law The procedure of the people's court of second instance in hearing cases of appeal or protest shall be implemented with reference to the provisions of the procedure of first instance, except as already provided in this chapter.
Legal objectivity:
Article 593 of the Rules of Criminal Procedure of the People's Procuratorate (for Trial Implementation) If a party, his legal representative or his near relatives think that a legally effective criminal judgment or ruling of the people's court is indeed wrong and lodge a complaint with the people's procuratorate, the criminal complaint procuratorial department of the people's procuratorate at the same level of the people's court that made the effective judgment or ruling shall handle it according to law. If the parties concerned and their legal representatives or close relatives directly appeal to the people's procuratorate at a higher level, the people's procuratorate at a higher level may submit the appeal to the people's procuratorate at the same level of the people's court that made the effective judgment or ruling; If the case is serious, difficult or complicated, the people's procuratorate at a higher level may directly accept it. If the parties, their legal representatives and close relatives lodge a complaint against the legally effective judgment or ruling of the people's court, and the people's procuratorate decides not to protest after review, the people's procuratorate at the next higher level shall accept it. The appeal against the final judgment or ruling that the people's court has sentenced to death has not been executed shall be handled by the prison procuratorial department.