When will the judgment or ruling take effect?
The following judgments and rulings shall take legal effect as of the date they are made:
1. Judgments and rulings of the Supreme People's Court
The Supreme People's Court, as a people's court of first instance and a people's court of second instance, makes final judgments and rulings.
2. Judgments and rulings that are not allowed to appeal according to law.
Judgments that cannot be appealed according to law include: voter list cases tried in accordance with special procedures, cases of declaring missing or dead, cases of determining that citizens have no or limited capacity for civil conduct, and cases of determining that property is ownerless.
The ruling that no appeal is allowed according to law refers to the ruling other than the ruling of not accepting, disagreeing with jurisdiction or dismissing prosecution.
Judgments and orders that are not allowed to appeal according to law have legal effect.
3. The judgments and rulings made by the people's court of second instance on the appeal cases.
Except for the judgment or ruling that takes legal effect immediately from the date it is made, if the parties do not appeal within 15 days from the date when the people's court makes the judgment or ruling, the judgment or ruling will take legal effect.
How long will the judgment of second instance take effect?
The effect of our laws on the judgment of first instance is very clear. From the date when the judgment is served, the appeal period is within 15 days, and the judgment that has not been appealed will take effect after 15 days. As the final judgment, the judgment of second instance has no appeal period, and it is not clear when the judgment of second instance will take effect. Only in the "People's Republic of China (PRC) Civil Procedure Law" stipulates that "if a judgment is pronounced in court, the judgment shall be served within ten days; If the judgment is pronounced regularly, that is, if the people's court announces the judgment on another date after the court session, the judgment will be issued immediately after the judgment is pronounced. " However, in judicial practice, due to geographical or time reasons, the court does not necessarily arrange a special court session to read the judgment documents, but informs the parties to receive the judgment or serve it. In this way, the date on the judgment is different from the date of delivery, and the parties cannot sign the judgment at the same time. But in that case, when will the effective date start?
"The law does not stipulate that it will take effect from the date of service by both parties, or from the date of service by the last person. It is because there is no explicit provision that there is a vague point. " * * Lawyer Wu Dong of Ye Hui Law Firm said that due to various coincidences, this case touched a blank spot in the existing laws of China.
At present, China's law only stipulates that the judgment of the second instance will take effect, and there is no specific effective time. Then in judicial practice, there are mainly three different views:
1. The judgment of second instance shall take effect as of the date of making it;
2. The judgment of second instance will take effect on the date of judgment;
3. The judgment of second instance shall take effect as of the date of service.
Then because the law is not clearly defined, it is easy to cause disputes. "A judicial interpretation should be issued as soon as possible to clearly stipulate when the judgment of the second instance will take effect and avoid disputes." Generally, it will take effect from the date when the judgment is served. Ways of serving the judgment: direct service, lien service, entrusted service, mail service and forwarding service.
When you have great dissatisfaction with the verdict and ruling and don't know how to solve it, you can find professional lawyers to provide support.