Legal analysis
The law has no relevant provisions on how many times a civil economic litigation case can be heard. As long as the case needs to be heard, the court can hold several sessions. The law only stipulates the time limit for trial. China implements the system of two trials and final adjudication, that is, the same case usually passes the first and second trials. If the second instance is remanded for retrial, the court of first instance will make a new judgment. If you refuse to accept the judgment of the second instance, you have the right to appeal. If you refuse to accept the judgment of second instance, you must make a judgment. If you refuse to accept the judgment of the second instance, you can't appeal. You can directly apply to the higher court for retrial, or you can apply to the procuratorate at the same level as the court of second instance for a civil protest retrial, which is a complaint. The higher court shall organize a hearing to decide whether to accept the appeal. It refers to the rights and interests disputes arising from the contradiction between economic rights and economic obligations among market economic entities, including disputes involving economic content between equal subjects, and disputes involving economic content between citizens, legal persons or other organizations as administrative counterparts and administrative organs due to administrative management. There are two kinds of economic disputes: first, economic contract disputes, such as sales contract disputes, loan contract disputes, contract disputes, construction project contract disputes, technology contract disputes and so on. Second, economic infringement disputes; Such as intellectual property rights (such as patents and trademarks) infringement disputes, ownership infringement disputes and management rights infringement disputes. In the market economy, contract is a legal and universal form for equal market participants to establish trading relations and carry out trading behaviors in pursuit of economic goals. Therefore, contract disputes are the main part of economic disputes.
legal ground
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 representatives. 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.
Twenty-first "People's Republic of China (PRC) Arbitration Law" parties to apply for arbitration shall meet the following conditions:
(1) There is an arbitration agreement;
(2) There are specific arbitration claims, facts and reasons;
(3) It falls within the scope of acceptance by the Arbitration Commission.