The prosecutor teaches you how to exercise the right of appeal correctly.

The Decision of the NPC Standing Committee on Amending the Civil Procedure Law of People's Republic of China (PRC) has amended the civil complaint-now, more and more citizens know that their legitimate rights and interests have not been protected, and they can not only apply to the court for retrial, but also appeal to the procuratorate. However, there are also many cases in which the complainant did not understand the specific legal procedures, did not exercise his rights and interests according to law, and finally failed to solve the problem. Combined with work practice, the author summarizes seven misunderstandings of complainant's rights protection. Myth 1: The procuratorate only handles criminal cases and has no right to supervise civil cases. Many people think that the procuratorate is a public prosecution agency, only dealing with criminal cases, regardless of civil cases. In fact, procuratorial organs, as national legal supervision organs, have the right to exercise legal supervision over civil cases. According to the law, when the judgment has taken legal effect, citizens who think that their legitimate rights and interests have not been relieved can file a retrial complaint with the court or lodge a protest complaint with the procuratorate, but not all the judgments of the court have been adopted by the procuratorate. The people's procuratorate shall not accept the relevant judicial interpretation provisions in China under any of the following circumstances: 1. The judgment or ruling has not yet taken legal effect; ? 2. The marriage and adoption relationship is dissolved by judgment; ? The people's court has ruled for retrial; ? 4. The party refuses to accept the decision made by the people's procuratorate to terminate the examination or not to protest and file a complaint again; ? 5. Other circumstances not under the jurisdiction of the people's procuratorate. Myth 2: Only a high-level procuratorate can solve the problem. In the hierarchical jurisdiction of the procuratorate, many complainants believe that the right to lodge a protest with the procuratorate at the same level of the court that made the effective judgment will not play much role, so they choose to lodge a complaint with the provincial or municipal procuratorate, so that a large number of civil administrative appeal cases are concentrated in the higher-level procuratorate, forming an "inverted pyramid" phenomenon. In practice, the trial of appeal cases is generally accepted and reviewed by the procuratorate at the same level or the procuratorate at the next higher level, which is not what the complainant understands. The higher the level of the procuratorate, the more able it is to protest. "The complainant blindly appealed to the higher-level procuratorate, which increased unnecessary expenses, took a long time to appeal, and his rights and interests were not protected in time. According to Article 184 of the Civil Procedure Law: "The parties shall apply for retrial within two years after the judgment or ruling takes effect. "The procuratorate's application for a protest against a case in which a party has been involved for more than two years will undermine the stability of the law to a certain extent, and will also harm the legitimate rights and interests of the other party. Therefore, the two sides decided to understand the provisions on the limitation of appeal. Myth 4: It is economical and convenient to replace the right of appeal with the right of appeal. Because the protest retrial does not require the parties to pay litigation fees, nor is it limited by the trial level of the final judgment, and once the retrial procedure begins, the court will decide to suspend the execution of the original judgment and ruling, so a few parties deliberately give up their right to appeal, and even appeal to the procuratorate during the appeal period. In fact, not all appeal cases can start the retrial procedure. Moreover, the ultimate judicial power is still exercised by the people's courts, and supervision cannot replace trial. Because the appeal system and the protest system are designed for different purposes, the parties should not be opportunistic, but should actively advocate their rights in the second instance. Myth 5: After filing a complaint with the procuratorate, the procuratorate will investigate and collect evidence, without having to bear the burden of proof. The complainant thinks that after filing a complaint with the procuratorate, the procuratorate will investigate and collect evidence to help him find out the case, which confuses the difference between civil cases and criminal cases. The duty of procuratorial organs to review civil administrative protest cases is to review the original judgment and determine whether the facts are clear, the evidence is sufficient and the applicable law is correct. In this process, the complainant must put forward his own opinions and try his best to prove the mistakes of the court's judgment and ruling with "sufficient" evidence. If the complainant cannot provide evidence, or the evidence is insufficient to prove that the original judgment or ruling of the court is wrong, the protest of the procuratorial organ cannot be triggered and started. Therefore, the complainant's evidence is not only the basis for the procuratorial organ to review the protest according to law, but also the collateral obligation to safeguard its legitimate rights and interests. Myth 6: The procuratorate attended the retrial court to help the complainant file a lawsuit. Article 190 of the Civil Procedure Law stipulates: "When a people's procuratorate protests, the people's court shall notify the people's procuratorate to send personnel to appear in court. "On this basis, some complainants believe that the procuratorate's appearance in court is to help them reason, which is equivalent to their own' lawyers'. But in fact, the effectiveness of the procuratorial organ's protest is determined by the nature of the legal supervision power, which is the power basis of civil protest. In the process of court retrial, the procuratorate is not a litigant, neither the plaintiff nor the defendant, but only monitors whether the trial activities are illegal and does not participate in court investigations and debates between the parties. According to the law, the parties should provide evidence for their claims. The rights and obligations in these civil proceedings cannot be "done by the procuratorate". Myth 7: As long as you are not satisfied with the protest result, the procuratorate can protest repeatedly. For various reasons, the complainant may still be dissatisfied with the retrial judgment, so he thinks that the case protested by the procuratorate should be handled in the end, so he has been pestering the procuratorate. Due to the consideration of national judicial resources and litigation cost, any kind of legal procedure has its end point. According to the judicial interpretation of the Supreme Court, if the court upholds the original judgment or ruling after retrial according to law, the procuratorate may not protest again. (Author: Procuratorate of Shaoling District, Luohe City, Henan Province)