First, is the case closed after the verdict?
1. After the judgment is made, it does not mean that the case is closed. After the judgment is made, the following situations may occur:
(1). If a party refuses to accept the judgment of first instance, it may appeal to the people's court, and the people's court will conduct a second trial after filing the case;
(2) If a party refuses to accept the effective judgment, it may apply to the people's court for retrial;
(3) After the judgment comes into effect, if a party refuses to accept the judgment and applies for retrial, and the court decides to reject the application for retrial, it may lodge a protest with the procuratorate.
2. Relevant laws and regulations: People's Republic of China (PRC) Civil Procedure Law.
Article 164 Right of Appeal
If a party refuses to accept the judgment 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 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.
(2) Article 199 A party applies for a retrial.
If a party considers that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; A case in which one party has a large number of people or both parties are citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
(3) Article 209 Propose or protest to the procuratorate.
Under any of the following circumstances, the parties may apply to the people's procuratorate for procuratorial suggestions or protests:
(a) the people's court rejected the application for retrial;
(two) the people's court fails to make a ruling on the retrial application within the time limit;
(3) There are obvious errors in the retrial judgment or ruling. The people's procuratorate shall, within three months, examine the application of the parties concerned and make a decision on whether to put forward procuratorial suggestions or protest. The parties may not apply to the people's procuratorate for procuratorial suggestions or protests again.
Second, how to implement the civil judgment after it takes effect.
If the other party fails to perform the effective judgment, it shall apply to the court with jurisdiction for compulsory execution.
Preconditions for the execution of a case: refers to the legally effective civil judgment or ruling and the property part of the criminal judgment or ruling. That is, legal documents that have been judged or arbitral awards have come into effect through court proceedings.
1. If the other party fails to perform the effective judgment, it may apply for enforcement.
2. Article 239 of the Civil Procedure Law applies for execution for two years. Where an application is made for suspension or interruption of the limitation of execution, the relevant provisions of the law on suspension or interruption of the limitation of action shall apply.
The period specified in the preceding paragraph shall be counted from the last day of the performance period determined by legal documents; If the legal document stipulates that the performance shall be performed by stages, it shall be counted from the last day of each performance period; If the legal document does not stipulate the time limit for performance, it shall be counted from the date when the legal document takes effect.
3. The execution expenses shall be borne by the person subjected to execution.
4. Submit the application for execution first, and the court shall file the case within seven days; Those who do not meet the requirements shall be ruled inadmissible within seven days.
According to the provisions of the Civil Procedure Law, the conclusion of the judgment does not mean closing the case. For example, if a party refuses to accept the judgment of first instance, he may appeal to the people; If a party refuses to accept the effective judgment after the judgment takes effect, he may apply for a retrial.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 16 of the Criminal Procedure Law shall not be investigated for criminal responsibility under any of the following circumstances. If the investigation has been concluded, the case shall be dismissed, or no prosecution shall be instituted, or the trial shall be terminated, or the case shall be declared innocent: (1) If the circumstances are obviously minor and the harm is not great, it shall not be considered as a crime; (two) the crime has passed the limitation period; (3) Being exempted from punishment by an amnesty order; (4) Failing to tell or withdrawing a crime that should be dealt with only after being told according to the Criminal Law; (5) The criminal suspect or defendant dies; (six) other laws and regulations shall be exempted from criminal responsibility. Article 177 If a criminal suspect has no criminal facts or is under any of the circumstances specified in Article 16 of this Law, the people's procuratorate shall make a decision not to prosecute. If the circumstances of the crime are minor and it is not necessary to sentence or exempt from punishment according to the provisions of the Criminal Law, the people's procuratorate may make a decision not to prosecute. In cases where the people's procuratorate decides not to prosecute, the property sealed up, detained or frozen during the investigation shall be released at the same time. If the plaintiff who is sorry needs to be given administrative punishment, punishment or confiscation of illegal income, the people's procuratorate shall put forward procuratorial opinions and transfer them to the relevant competent authorities for handling. The relevant competent authorities shall promptly notify the people's procuratorate of the results. Article 178 The decision not to prosecute shall be publicly announced, and the decision not to prosecute shall be served on the person who is not prosecuted and the unit to which he belongs. If the accused is in custody, he shall be released immediately.