If the subject matter of the dispute is big and the legal key is complicated, it is best to have a lawyer. The parties have certain legal knowledge and can handle it without asking a lawyer. The second instance, also known as the appeal trial procedure, is the steps and methods that the people's court of second instance should follow when trying the facts and applicable laws determined by the judgments and rulings of the people's court of first instance that have not yet taken legal effect according to the appellant's appeal.
First, the process of prosecution.
The prosecution process is as follows:
1, write a complaint, take a copy of the note+a copy of the ID card+a 1 inch photo to the local court for filing, and after filing the case;
2. After filing the case, see which court your case belongs to, and then serve the defendant with a court summons;
3. Open a court session and state the facts and reasons in court;
4. After the trial, the court issued a judgment and both parties signed it;
5. If there is no appeal within/15 days after collection, the judgment will take effect;
6. The judgment will stipulate that the defendant will pay off the arrears within a few days after it takes effect. If the defendant does not pay at that time, he can apply to the court for enforcement until he gets the money he deserves.
Second, what are the chances of changing the sentence in the second instance?
If there is no new evidence, there is little possibility of changing the sentence.
1. China implements the system of two trials as the final instance, which means that the second trial is the final instance and there is no appeal. What is the probability of changing the sentence in the second instance? Under normal circumstances, if there is no new favorable evidence, the probability of changing the sentence in the second instance is not great. Only by mastering new favorable evidence, the chances of changing the sentence in the second instance will be greatly improved. If the facts are clear and the applicable law is correct, if there is an appeal, the court of second instance will reject its application.
2. According to the provisions of Article 177th of the Civil Procedure Law, after hearing an appeal case, the people's court of second instance shall handle it according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld the original judgment or ruling;
(two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law;
(3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained;
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial.
After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.
legal ground
The Supreme People's Court's Interpretation of the Application of the Civil Procedure Law of People's Republic of China (PRC) Article 87 According to the provisions of Item 3, Paragraph 2, Article 58 of the Civil Procedure Law, if a social organization recommends a citizen as an agent ad litem, it shall meet the following conditions:
(1) Social organizations are non-profit legal person organizations registered or exempted from registration according to law;
(2) The principal is a member of the social group, or the domicile of one party is located in the activity area of the social group;
(3) Agency affairs belong to the business scope stipulated in the articles of association of social organizations;
(4) The recommending citizen is the person in charge of the social organization or a staff member who has legal labor and personnel relations with the social organization. Patent agents, recommended by the All-China Patent Agents Association, can act as litigation agents in patent dispute cases.