trait
1. must be proposed by the litigants and their legal representatives.
2. It must be filed against the first-instance ruling or judgment of the local people's courts at all levels, with two meanings. Only the judgments made by local people's courts at all levels, that is, the people's courts below the higher level, can be brought to court, and the judgments made by the Supreme People's Court cannot be appealed; Only when the people's court refuses to accept the judgment of first instance can it appeal. China's courts implement the system of two-instance final judgment, and the judgment of the second instance is the final judgment, and no appeal can be filed.
3. It must be submitted to the people's court at the next higher level that made the judgment of first instance according to the legal procedures and time limit, that is, within the legal time limit, and it cannot be overdue or overstepped.
4. It is put forward by the parties in view of the problems existing in the judgment and ruling of first instance in ascertaining facts and applying laws or procedures.
Collapse and edit this paragraph category.
Appeals are divided into criminal appeals, civil appeals and administrative appeals.
1. Criminal appeal
It is a written lawsuit in which the criminal litigant or his legal representative refuses to accept the judgment or ruling of the people's court of first instance, and requests the people's court at the next higher level to cancel or change the ruling of the original trial and retrial in accordance with legal procedures within the statutory appeal period.
2. Civil appeals
It is a written statement that the civil litigant refuses to accept the judgment or ruling of the people's court of first instance, sets the procedures and time limit according to law, appeals to the people's court at a higher level, and requests cancellation, modification or retrial of the judgment or ruling of the original trial.
3. Administrative appeals
It is a legal document that the parties in administrative litigation refuse to accept the ruling or judgment made by the court of first instance on administrative cases, and appeal to the court at the next higher level according to law within the statutory time limit, demanding cancellation and change of the original judgment.
Fold and edit this paragraph format.
[Document Style]
Appeal request
Appellant:
Appellee: (There is no appellee in criminal appeal)
The appellant refuses to accept the word No. () The people's court now appeals for a case.
Appeal request:
Reasons for appeal:
I am here to convey
People's court
Attachment: A copy of this appeal.
Appellant:
date month year
[Fill in 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 opposing the original judgment and ruling are: (1) unclear facts and insufficient main evidence; (2) The nature of the original trial was improper; (3) Improper application of substantive law; (4) violation of legal procedures.
[Notes]
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.