The appeal process and fees are as follows:
1. Appeal process:
(1) The appellant must submit an appeal petition;
(2) Submit the appeal petition to the court of first instance;
(3) After receiving the appeal petition, the first instance court will serve a copy to the appellee and set a time limit for a reply;
(4) After the respondent responds, the court of first instance will arrange a hearing;
(5) The court can mediate, and if a mediation agreement is reached, the litigation fees will be halved;
( 6) If you are dissatisfied with the first-instance judgment, you may appeal to the second-instance court.
2. Appeal fees:
(1) Each divorce case costs 50 yuan to 300 yuan. Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; the portion exceeding 200,000 yuan will be paid at the rate of 0.5;
(2) Infringement of name rights, title rights, portrait rights, and reputation rights , honorary rights cases, each case shall pay 50 yuan to 100 yuan;
(3) For cases of infringement of patent rights, copyrights, and trademark rights, each case shall pay 50 yuan to 100 yuan; if the amount in dispute is Pay according to the fee standard for property cases;
(4) Labor dispute cases, pay 30 yuan to 50 yuan for each case;
(5) Bankruptcy cases, pay 100 yuan to 150 yuan;
(6) For patent administrative cases, the fee is 500 yuan to 1,000 yuan per case;
(7) For other property cases, the fee is 10 yuan to 50 yuan per case; Yes If the amount in dispute is greater than the amount in dispute, the fee shall be paid according to the fee standards for property cases.
The circumstances of the appeal include:
1. If the original judgment clearly established the facts and applied the law correctly, the judgment shall reject the appeal and uphold the original judgment;
2. If the judgment is wrong in applying the law, the judgment shall be changed in accordance with the law;
3. The original judgment was wrong in determining the facts, or the facts in the original judgment were unclear and the evidence was insufficient. The original judgment shall be revoked and the original judgment shall be remanded to the original People's Court for retrial, or the facts shall be clarified. Revise the judgment after 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 remanded to the original People's Court for retrial.
The appeal process is as follows:
1. Draft an appeal petition: The parties or their appointed lawyers write an appeal petition based on the original judgment or ruling, clarifying the appeal request, reasons for the request and Evidence, etc.;
2. Submit the appeal: Submit the appeal together with the original judgment or ruling to the superior court, and pay the appeal acceptance fee;
3. Accept the appeal: Superior The court accepts the appeal and notifies the party being appealed, requiring it to submit a statement of defence;
4. Review the appeal and defence: The higher court will review the appeal and defence, and determine whether to hold a court hearing or a written hearing ;
5. Court hearing or written hearing: If a court hearing is required, the superior court will notify both parties and lawyers to attend the trial; if it is a written hearing, both parties and lawyers need to argue through written materials;
6. Trial: The higher court will try the appeal request based on the facts of the case and legal provisions, and make a ruling to change the sentence or reject the appeal;
7. Send the judgment: the higher court will The award will be served to the parties and informed of the time limit and means of appeal.
To sum up, an appeal is a litigation act in which a party declares dissatisfaction with a judgment or ruling that has not taken effect in the first instance within the statutory time limit, and requests the superior people's court to conduct a trial and revoke the original judgment or ruling.
Legal basis:
Article 177 of the "Civil Procedure Law of the People's Republic of China"
Appeal from the People's Court of Second Instance After trial, the cases will be handled separately according to the following circumstances:
(1) If the original judgment or ruling clearly identifies the facts and applies the law correctly, the appeal shall be dismissed in the form of a judgment or ruling and the original judgment or ruling shall be upheld;
(2) If the original judgment or ruling mistakenly identifies facts or applies the law incorrectly, the judgment or ruling shall be revised, revoked or changed in accordance with the law;
(3) The original judgment or ruling shall not determine the basic facts. If the original judgment is not clear, it shall be ruled to revoke the original judgment and be remanded to the original People's Court for retrial, or the judgment may be changed after ascertaining the facts; (4) If the original judgment omits a party or makes an illegal default judgment or other serious violation of legal procedures, the ruling shall be made to revoke the original judgment. Judgment, remand to the original People's Court for retrial.
If the party concerned files an appeal after the original People's Court renders a judgment on a case remanded for retrial, the People's Court of second instance shall not remand the case for retrial.