Sample of divorce appeal 1
Divorce appeal is called divorce appeal if the litigant refuses to accept the civil judgment or ruling of first instance of local people's courts at all levels and appeals to the people's court at the next higher level according to legal procedures and time limit.
The function of divorce appeal is mainly to protect the legitimate rights and interests of the losing party in the first instance divorce case, prevent the occurrence of misjudged cases and ensure the quality of trial.
The divorce appeal has the following characteristics: (1) it must be filed by the litigants and their legal representatives, and no one else has the right to file it; (2) Refusing to accept the judgment of first instance of local people's courts at all levels; (three) the appeal must be filed with the people's court at the next higher level that made the judgment of first instance in accordance with legal procedures and time limit.
(1) Header 1, Title: Write? Civil appeal? .
2. Party column: List their basic information in turn: appellant and appellee.
The enumeration method is as follows: (1) If the appellant and the appellee are citizens, the writing method is as follows: first list the appellant's name, gender, age, nationality, native place, occupation or position, work unit or address.
If the appellant has a legal agent or an entrusted agent, immediately write another line: the name, gender, age, nationality, occupation or position, work unit or address of the legal (or entrusted) agent, and the relationship with the appellant.
If the agent is a lawyer, only the name and position are listed.
After the appellant finishes writing, list the appellee's name, gender, age, native place, occupation or position, unit or address.
According to the needs of the case, the relationship between him and the appellant is listed.
(2) Appeal request
Explain the specific purpose of the request, whether to revoke the original judgment, completely change the decision of the original judgment, or partially change the original judgment.
Divorce cases are relatively more complicated than criminal cases, and the purpose of the request should be written clearly, concretely and in detail.
If you want to achieve something, you should point it out directly, instead of just saying vaguely: ask the higher court for care and change the original judgment appropriately? ,? Request a higher court to make a fair judgment according to law? Or is it? Please ask the higher court to judge for me? Such empty talk.
At the same time, the purpose of the request should be written out, and several items should be written, and there should be no omissions.
Of course, if it is not well thought out, it is also allowed to make a request to supplement or change the lawsuit during the appeal hearing.
(3) the reasons for the appeal
On the grounds of arguments, the application for divorce is mainly aimed at the original judge, not at the other party; The civil complaint is completely unreasonable against the other party, which is the fundamental difference between the appeal and the complaint in writing.
We must really catch it.
Otherwise, if you appeal, bring the indictment or defense of the original trial, make a new face and make a copy. This is not only inconsistent with the method of appealing, but more importantly, the arguments are unclear and irrelevant, which makes the appeal request unfounded and often not accepted by the higher people's court.
Judging from the original judgment, the reasons for refusing to accept the argument are nothing more than the following aspects: 1. Demonstration of the wrong facts in the original trial.
Focus on whether the facts identified by the original judge are all wrong or partly wrong; Explain what is objective truth.
The objective truth put forward in the appeal against the original facts must be proved by citing sufficient evidence.
What is the first thing for the people's court to hear a case? Based on facts? Yes, as long as the facts identified in the original trial can be postponed in whole or in part, it goes without saying that it will inevitably lead to all or part of its decision.
2. Argument about the improper nature of the original trial.
This should especially point out its inappropriate characterization.
Civil cases also have qualitative problems, that is, determining the cause of action.
If the characterization is not accurate, it will be handled improperly.
3. Debate on the improper application of substantive law to the original judgment.
This means that the original judgment refers to the relevant substantive laws or is inconsistent with the facts of the case; Or there is one-sidedness in quoting relevant legal provisions, and only some relevant provisions are quoted, while others are ignored; Or misinterpreted the legal provisions, etc., leading to improper handling.
It is necessary to quote relevant legal provisions for detailed analysis and demonstration.
4. Improper application of procedural law to the original trial affects the argument of correct trial.
This means that in the trial of a case, the original trial violated the provisions of the procedural law, resulting in improper handling of the case, which can be put forward according to the facts as a reason for requesting a change in the judgment of the original trial.
If the original trial violates the provisions of the procedural law in the trial of the case, there is nothing improper.
Should not be the only reason for appeal.
In a word, the reason part of the appeal is actually a rebuttal to the original judgment.
After clarifying this meaning, we must pay attention to two points.
First, the rebuttal should be well-founded and properly worded. It is also required to adhere to the attitude of putting facts and reasoning, and the wording cannot be unlimited;
Second, for the part of the original trial where the facts were ascertained and the applicable law was correct, that is, the uncontroversial part, there was a judgment of the original trial for the higher people's court to review. Therefore, there is generally no need to repeat the narrative in the appeal, and there is no need to explain the consent of these parts, so as not to cause the body of the appeal to be lengthy.
Write the reasons for the appeal and the conclusion.
The usual writing is:? To sum up, it shows that the judgment (or ruling) made by the people's court of XXX (or the original trial) is improper, and we hereby appeal to your hospital to request that the original judgment (or ruling) be revoked according to law, and the judgment be revised (or re-handled).
(4) Tail and accessories 1. To send it to the organ, you can write three lines as follows: this letter is sent to the intermediate (or advanced) people's court of XXX; It can also be written directly: to the intermediate (or advanced) people's court of XXX.
Write at the bottom right: Appellant: XXX (signature or seal) and indicate the year, month and day.
3. Appendix: (1) X copy of this appeal; (2) X attachment XX (name); (3)
XX pieces of documentary evidence (names).
Divorce appeal 2
Appellant XX, female, 37 years old, Han nationality, from XX city, deputy manager of XX company in XX city, lives in. No. XX, a road in XX District, XX City.
The appellee Shimou, male, 40 years old, Han nationality, from a county in XX province, a salesman from a factory in XX city, lives in XX Road, a district in XX city.
The appellant refuses to accept the second judgment of the people's court of XX District, XX City in May 1996 (1996), and now appeals.
Request to cancel the second judgment of the civil judgment of the people's court of XX District, XX City (1996)X MinchuziNo.. Xx according to law; The legitimate girl Shi X( 13 years old) was raised by the appellant.
The original judgment on the grounds of appeal said:? In view of the plaintiff's rich income and sufficient economic strength to raise children, our hospital believes that raising children by the plaintiff is conducive to the healthy growth of the next generation.
? Accordingly, Shi X, a girl born out of wedlock, was sentenced to be raised by the appellee.
The appellant thinks that the judgment is improper and the reasons for the judgment cannot be established.
The reasons are as follows: first, the appellant has been taking care of the children's life and study, and the children and the appellant have formed a strong mother-daughter friendship; The appellee worked as a salesman in XX factory for nearly ten years, often went out on business trips, sometimes didn't go home for several months, never asked about the children's life and study, and had no feelings for them.
Therefore, the appellant thinks that the appellee's raising children is not conducive to their growth, while the appellant's raising children is conducive to their physical and mental health and to cultivating their harmony.
Second, the appellant's economic income is not low, and he is fully capable of raising children.
The key is not who has money, but who keeps it for the healthy growth of children.
The appellee said that he had the money to hire a nanny to take care of the children, which was also considered reasonable by the court. Can the nanny be taken care of by the mother? This statement is unreasonable.
Children's opinions should be taken into account when deciding who will raise them.
The Supreme People's Court 1993 issued "Several Specific Opinions on People's Courts Handling Children's Support in Divorce Cases". Article 5 stipulates:? Parents should consider their children's opinions when they have disputes over 10 minor children living with you or their mothers.
? The court of first instance made a subjective decision without consulting the children at all.
After listening to this, the child cried for a few days with your life, saying that he didn't want to live with his father and was willing to live with his mother.
Please appeal to the people's court to act in accordance with the Supreme People's Court's Opinions, consider the children's opinions, and sentence the children to the appellant's custody.
Attached to the Intermediate People's Court of XX City: a copy of this appeal.
Appeal 3
Appellant:
Appellee: (There is no appellee in criminal appeal) The appellant refuses to accept the People's Court. () In a case, appeal now.
Appeal request: reasons for appeal: attached to the people's court: a copy of this appeal. Appellant: year, month, year, [fill in the description] 1. Appeal request.
First, describe the whole case comprehensively, and then state the results of the original trial.
Secondly, indicate whether you are dissatisfied with the original judgment in whole or in part.
Finally, it is clear whether the specific litigation request is to revoke the original judgment, completely change the original judgment or partially change the original judgment.
2. grounds for appeal.
Mainly for the original referee, not for the other side.
The main reasons for refusing to accept the original judgment or ruling are:
(1) The facts are unclear and the main evidence is insufficient;
(2) The nature of the original trial was improper;
(3) Improper application of substantive law;
(4) violation of legal procedures.
[Note] 1. Appeals can only be made in writing.
When the judgment or ruling of the first instance is served, the parties only appeal orally, and if they fail to submit an appeal within the statutory time limit, it is deemed that they have not filed an appeal.
2. Appeal means that the parties have the right of appeal, and the original, the defendant and the third party who is judged to be responsible have the right of appeal.