Chapter XIV Procedure of Second Instance
Article 147 If a party refuses to accept the judgment of first instance of a local people's court, he shall have 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.
Article 148 An appeal shall be attached. The contents of the complaint shall include the names of the parties, legal persons and their legal representatives or other organizations and their principal responsible persons; The name, case number and cause of action of the people's court that originally tried the case; The request and reasons for the appeal.
Article 149 An appeal shall be filed through the people's court that originally tried the case, and copies shall be submitted according to the number of the opposing parties or agents.
If the parties directly appeal to the people's court of second instance, the people's court of second instance shall transfer the appeal to the people's court that originally tried the case within five days.
Article 150 After receiving the appeal, the people's court that originally tried the case shall serve a copy of the appeal to the other party within five days, and the other party shall submit a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court.
After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days.
Article 151 The people's court of second instance shall examine the relevant facts and applicable laws of the appeal request.
Article 152 A people's court of second instance shall form a collegial panel when trying an appeal case. The collegial panel may also make a judgment or ruling if it deems it unnecessary to hold a court session after reading papers and investigating, asking the parties and finding out the facts.
The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.
Article 153 After hearing an appeal case, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment found that the facts were clear and the applicable law was correct, dismissed the appeal and upheld the original judgment;
(2) If the original judgment was wrongly applied by law, the judgment shall be changed according to law;
(3) If the original judgment finds that the facts are wrong, or the original judgment finds that the facts are unclear and the evidence is insufficient, it shall revoke the original judgment and send it back to the people's court that originally tried the case for retrial, or revise the judgment after finding out the facts;
(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 people's court that originally tried the case for retrial.
The parties may appeal against the judgment or ruling of the retrial case.
Article 154 The people's court of second instance shall use the ruling when trying an appeal case against the ruling of the people's court of first instance.
Article 155 When trying an appeal case, the people's court of second instance may conduct mediation. If an agreement is reached through mediation, a mediation agreement shall be made, which shall be signed by the judge and the clerk and stamped with the seal of the people's court. After the conciliation statement is served, the judgment of the people's court that originally tried the case shall be deemed to be revoked.
Article 156 Before the judgment of the people's court of second instance is pronounced, if the appellant applies to withdraw his appeal, the people's court of second instance shall decide whether to grant it or not.
Article 157 In trying an appeal case, the people's court of second instance shall apply the ordinary procedure of first instance, except as provided in this Chapter.
Article 158 The judgments and orders of the people's court of second instance are final.
Article 159 The people's court shall conclude the appeal against the judgment within three months from the date of filing the case of second instance. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
When the people's court hears an appeal case against the ruling, it shall make a final ruling within 30 days from the date of filing the case of second instance.