Question 2: What does appeal mean? Appeal refers to a lawsuit in which a party to a judicial trial refuses to accept a judicial judgment that has not yet entered into force and appeals to a court with appeal jurisdiction over the case, asking it to make a new judgment. The new judgment can uphold the original judgment, partially change the original judgment and completely overturn the original judgment.
Question 3: What do you mean by rejecting the appeal? It refers to the claim that the party refuses to accept the judgment or ruling of the court of first instance and appeals to the court of second instance, which does not support it. There must be another sentence behind: uphold the original judgment.
Question 4: What is an appeal and what should I do if I want to appeal? First of all, you must be qualified. In other words, you must be a party to the case to appeal. Second, only the judgment or ruling of the court of first instance can be appealed, and the judgment made by the court cannot be appealed. Among them, there are only three kinds of rulings that can be appealed: inadmissibility, dismissal of prosecution and jurisdictional objection ruling. Third, the appeal must be filed within the time limit prescribed by law. After the court of first instance ruled the appeal period, the judgment did not take effect immediately. It will take effect only if neither party has appealed and the appeal period expires. Therefore, if you want to appeal, you must appeal within the time limit. Both civil and administrative judgments are within 15 days after the judgment is served; Civil and administrative rulings shall be made within ten days after the written ruling is served; Criminal judgment within ten days after the delivery of the judgment; The criminal ruling shall be made within five days after the written ruling is served. The time limit is calculated from the second day after the document is served. The date of receipt of the judgment or ruling by both parties may be different, and the appeal period shall be counted from the day after their respective receipt of the judgment or ruling. If the last day of the expiration of the period falls on a legal holiday, the expiration date of the period shall be the first working day after the legal holiday. Appeal If you want to appeal, you must submit an appeal. An appeal can be written by a lawyer or by himself. The main contents include: the basic information of the appellant and the appellee; Appeal request; Reasons for appeal, etc. Court of Appeal Your appeal should be filed with the court at the next higher level of the Court of First Instance. For example, the court that made the first-instance judgment was Yuyao People's Court, and the court of appeal was Ningbo Intermediate People's Court. In order to facilitate your appeal, your appeal can be submitted to the court of first instance or directly to the higher court. The appeal fee must also pay the appeal case acceptance fee. Within seven days after receiving the Notice of Payment of Appeal Acceptance Fee, you can pay the appeal acceptance fee in advance at the charging window of the filing hall of Ningbo Intermediate People's Court with the judgment or ruling, or make bank remittance according to the bank and account number specified in the judgment or ruling, or make remittance by post. Remittances are always marked with the original case number. If the payment is not made within the time limit, the complaint will be withdrawn automatically. If it is really difficult to pay the fees, you may apply for deferment, reduction or exemption. If the application is not approved and the appeal fee is not paid, it shall be handled as withdrawal of the appeal. If an appeal is filed against a property case, the acceptance fee for the appeal case shall be paid according to the amount of the appeal request against the judgment of the first instance. After hearing the appeal, the court of second instance shall handle it as follows: 1. If the facts are clearly ascertained in the original judgment and the applicable law is correct, the appeal shall be dismissed and the original judgment upheld; 2. If the original judgment was wrongly applied by law, the judgment shall be changed according to law; 3. The original judgment found that the facts were wrong, or the original judgment found that the facts were unclear and the evidence was insufficient, and the original judgment was revoked and sent back to the original court for retrial, or the judgment was changed after the facts were ascertained; 4. If the original judgment violates legal procedures and may affect the correct judgment of the case, the original judgment shall be revoked and sent back to the court of first instance for retrial.
Question 5: What does the complaint system mean? It has played a positive role in protecting the rights of the parties. It embodies a wealth of public relief measures.
Question 6: What does "appeal" mean in law? Upper: Upper is located in a high place, as opposed to "lower": upstairs. Above. Preceding in order or time: ancient. Roll it up High grade and high quality
Tell: tell. Complaints and petitions. Pour out your feelings. Accusation: litigation. Blame. Appeal. Complain. The combination of "appeal" and "litigation" is "appeal", which means that the parties to a case refuse to accept the legally effective judgment or ruling of a lower court and request a higher court for retrial according to law. China implements the system of two trials and final adjudication, and a case can only be appealed once. The appeal must be filed within the statutory time limit.
Question 7: What is the meaning and relationship between complaint and complaint? Accusation means telling, appealing and reporting. Point to the relevant authorities or the public to state the victim's experience and demand legal or public sanctions against the perpetrators. Complaint refers to the behavior of citizens, enterprises and institutions. , think that the result of handling a problem is incorrect, and state the reasons to the relevant state organs and request re-handling. Appeal refers to the activities of the parties who refuse to accept the first-instance judgment, ruling or review decision made by the people's court within the statutory time limit and file a retrial with the people's court at the next higher level. 1. The subject of the complaint is the victim, the plaintiff and his near relatives, and the plaintiff and his legal representative. 2. The applicable legal procedures are different. Complaints and appeals are based on litigation, and the complainant is the victim of accusing the offender in court.
Question 8: What do protest and appeal mean respectively? Appeal means that if you refuse to accept the judgment of the people's court of first instance, you can appeal to the people's court at the next higher level.
Protest is the behavior of procuratorial organs. If the procuratorial organ thinks that the effective judgment of the people's court is wrong, it may lodge a protest with the people's court.
Question 9: What is the legal significance of rejecting xxx's appeal? It means that your appeal has not been supported by the court of second instance, and the original judgment is upheld, that is, the judgment of first instance is upheld.