What is the appeal process of civil litigation cases?

You can appeal to the presiding judge of the court of first instance within 65,438+05 days after receiving the judgment of the court of first instance. According to the provisions of China's civil procedure law, civil cases are subject to the system of final adjudication of second instance, which means that the second instance will end the trial.

There is no so-called appeal before the case enters the retrial and retrial steps, which involves legal practice. Generally speaking, the judgment will also specify where the appeal can be filed within a few days. Appeal is to write an appeal, stating the claim, facts and reasons.

The procedure of second instance in civil litigation:

1, for the record

If a party refuses to accept the judgment or ruling of the court of first instance, it shall appeal to the court of first instance or the people's court at the next higher level within the statutory time limit; The court of second instance examines the appeal materials and files transferred by the court of first instance, and files that meet the requirements shall be filed.

Evidence exchange.

The ruling or judgment of the appeal is made directly after review by the court.

2, hearing (the facts of the case are basically clear, you can not hear, but you must talk to both parties)

Notify the parties of the time, place and undertaker of the court session 3 days in advance; Cases heard in public shall be announced 3 days in advance; Transfer to the trial court for trial.

Announce the hearing, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal;

Court investigation: the parties state the facts of the case;

Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, physical evidence and audio-visual materials; Both parties express their opinions on the evidence materials;

Court debate: the parties debate and demonstrate controversial facts and legal issues;

Court mediation: under the auspices of the court, the parties agree to resolve the dispute;

The collegial panel makes a collegial decision;

Maintain the original judgment, or change the judgment, or send it back for retrial.

Sentence.

3, the parties automatically fulfill the obligations specified in the judgment documents or apply to the court of first instance for execution; Or submit written appeal materials to the court of second instance for retrial.

If a mediation agreement is reached, the court will make a mediation document, which will take effect after both parties sign it.

The appeal fee of a civil case needs to be determined according to the nature of the case and the appeal request.

According to Article 13 of the Measures for Paying Legal Fees, the fees for accepting cases shall be paid according to the following standards:

(1) Property cases shall be paid in installments according to the amount or price claimed in the lawsuit;

1, if it does not exceed 1 ten thousand yuan, 50 yuan shall be paid for each piece;

2, more than 1 ten thousand yuan to 1 ten thousand yuan, according to 2.5%;

3, more than 6.5438 million yuan to 200 thousand yuan, according to 2%;

4, more than 200 thousand yuan to 500 thousand yuan, according to the house price +0.5% to pay;

5, more than 500 thousand yuan to 6.5438+0 million yuan, according to 654.38+0% payment;

6, more than 6.5438 million yuan to 2 million yuan, according to 0.9% to pay;

7, more than 2 million yuan to 5 million yuan, according to 0.8% pay;

8, more than 5 million yuan to 6.5438+million yuan, according to 0.7%;

9,100000 yuan to more than 20 million yuan, pay by 0.6%;

10, and the part exceeding 20 million yuan shall be paid at 0.5%.

(2) Non-property cases shall be paid according to the following standards:

1. Each divorce case is paid from 50 yuan to 300 yuan. Where the division of property is involved, if the total amount of property does not exceed 200,000 yuan, no additional payment is required; The part exceeding 200,000 yuan shall be paid by 0.5%.

2. In cases of infringement of personal rights such as the right of name, name, portrait, reputation and honor, 500 yuan will be compensated to 65.438 million yuan for each case. If damages are involved and the amount of compensation does not exceed 50,000 yuan, no additional payment will be made; The part exceeding 50,000 yuan to 6,543.8+10,000 yuan shall be paid at 654.38+ 0%; The part exceeding 6,543,800 yuan shall be paid by 0.5%.

3. 50 yuan to 100 yuan for each other non-property cases.

(3) In civil cases of intellectual property rights, if there is no disputed amount or price, the 500 yuan will be paid to 65,438+0,000 yuan per piece; The disputed amount or price shall be paid according to the standard of property cases.

(4) Payment for each labor dispute case 10 yuan.

(5) Administrative cases shall be paid according to the following standards:

1, trademark, patent and maritime administrative cases shall be paid separately 100 yuan;

2, other administrative cases each pay 50 yuan.

(6) If the parties raise objections to the jurisdiction of the case, and the objections are not established, they shall pay 50 yuan to 100 yuan for each piece.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, formulate specific payment standards within the scope specified in items (2), (3) and (6) of this article.

Article 14 The application fee shall be paid according to the following standards:

(1) Those who apply to the people's court for enforcement of legally effective judgments, rulings and conciliation statements of the people's court, rulings and conciliation statements made by arbitration institutions according to law, and creditor's rights documents granted by notary organs according to law, and apply for recognition and enforcement of judgments and rulings of foreign courts and rulings of foreign arbitration institutions, shall be paid according to the following standards:

1. If there is no execution amount or price, each piece will range from 50 yuan to 500 yuan.

2. If the execution amount or price does not exceed 6,543,800 yuan+0,000 yuan, each piece shall be paid to 50 yuan; The part exceeding 1 10,000 yuan to 500,000 yuan shall be paid by 1.5%; The part exceeding 500,000 yuan to 5 million yuan shall be paid by 1%; The part exceeding 5 million yuan to 6.5438+million yuan shall be paid by 0.5%; The part exceeding100000 yuan shall be paid by 0. 1%.

3. In accordance with the fourth paragraph of Article 55 of the Civil Procedure Law, if the right holder who has not participated in the registration brings a lawsuit to the people's court and pays the application fee according to the standard specified in this item, the case acceptance fee will no longer be paid.

(two) to apply for preservation measures, according to the actual amount of property preserved in accordance with the following standards:

If the amount of property does not exceed 65,438+0,000 yuan or does not involve the amount of property, each piece shall be paid to 30 yuan; The part exceeding RMB 654.38+10,000 to RMB 654.38+10,000 shall be paid by 1%; The part exceeding 6,543,800 yuan shall be paid by 0.5%. However, the maximum expenses paid by the parties applying for protective measures shall not exceed 5,000 yuan.

(3) If a payment order is applied according to law, it shall be paid according to the standard of property case acceptance fee 1/3.

(4) Apply for publicity according to law, and pay 100 yuan per piece.

(five) to apply for cancellation of the arbitration award or to confirm the validity of the arbitration agreement, each piece shall be submitted to 400 yuan.

(6) Bankruptcy cases shall be calculated according to the total amount of bankruptcy property, and the acceptance fee for property cases shall be charged by half, but the maximum amount shall not exceed 300,000 yuan.

(7) The application fee for maritime cases shall be paid according to the following standards:

1. For the application for the establishment of a limitation fund for maritime claims, each piece shall be paid 1000 yuan to 10000 yuan;

2, apply for a maritime injunction, each pay 1000 yuan to 5000 yuan;

3. Pay 1000 yuan to 5,000 yuan for each application for maritime lien reminder;

4. Apply for registration of maritime claims, and pay 1000 yuan per piece;

5. If you apply for general average adjustment, you will pay 1 1,000 yuan per piece.

Article 17 If an appeal is filed against a property case, the case acceptance fee shall be paid according to the amount of the appeal request against the judgment of first instance.

Extended data:

The procedure of second instance refers to the procedure in which a civil litigant refuses to accept the judgment of first instance that has not taken effect in the court of first instance and appeals to the people's court at the next higher level within the statutory period. It is the applicable procedure for the people's court of second instance to hear appeals.

concept

The procedure of second instance, also known as appeal trial procedure, is the steps, ways 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 or the people's procuratorate's protest. It is an independent litigation stage in criminal proceedings.

Appeal mode

Appeals can be made by appeal or orally. According to Article 184 of the Criminal Procedure Law, the appellant can appeal through the people's court of first instance or directly to the people's court of second instance.

Protest mode

Article 185 of the Criminal Procedure Law stipulates that local people's procuratorates at all levels must lodge a protest when they think that the judgment or ruling of the people's court at the same level is indeed wrong and decide to protest.

The protest shall be submitted through the people's court that originally tried the case and copied to the people's procuratorate at the next higher level. After receiving the protest, the court of first instance shall transfer the protest together with the case file and evidence to the people's court at the next higher level and send a copy of the protest to the parties. The people's procuratorate at a higher level decides whether to protest after careful examination.

Trial mode

Article 187 of the Criminal Procedure Law stipulates that the people's court of second instance shall form a collegial panel to hear an appeal case. After reading the papers, interrogating the defendant and listening to the opinions of other parties, defenders and agents ad litem, the collegial panel may not hold a hearing if the facts are clear. The people's court of second instance shall hold a hearing on the case protested by the people's procuratorate.

Comprehensive trial principle

Article 222 of the Criminal Procedure Law stipulates that the people's court of second instance shall conduct a comprehensive trial of the facts ascertained in the judgment of first instance and the applicable laws.

The procedural investigation of second instance is not limited by the scope of appeal or protest. * * * If only some defendants appeal in the same criminal case, the whole case shall be examined and handled together.

Principle of second instance handling

According to the provisions of Articles 189 to 19 1 of the Criminal Procedure Law, the court of second instance shall, after hearing the appeal and protest cases against the judgment of first instance, deal with them respectively according to the circumstances listed in the first paragraph:

1. If the original judgment finds that the facts are correct, the evidence is true and sufficient, the applicable law is correct, and the sentence is appropriate, it shall rule to reject the appeal or protest and uphold the original judgment.

2. If the original judgment found that the facts were not wrong, but the applicable law was wrong or the sentence was improper, the court of second instance shall revoke the original judgment and make a new judgment, and make clear the basis and reasons for the revision in the judgment.

3. If the facts of the original judgment are unclear or the evidence is insufficient, the court of second instance may revise the judgment after ascertaining the facts, or it may decide to revoke the original judgment and send it back to the court of first instance for retrial.

4. If the court of first instance finds any of the following illegal circumstances, it shall make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for retrial:

(1) violated the provisions of the Public Trial Law.

(2) Violation of the challenge system.

(3) depriving or restricting the legal litigation rights of the parties.

(4) The composition of the judicial organization is illegal.

(5) Other legal proceedings that violate the law may affect a fair trial.

Principle of no additional punishment on appeal

The principle of no additional punishment on appeal in China refers to a trial principle that the people's court of second instance shall not aggravate the defendant's punishment for any reason when trying the case appealed by the defendant. Article 190 of the Criminal Procedure Law stipulates: "The people's court of second instance shall not aggravate the defendant's punishment when trying the case appealed by the defendant, his legal representative, defender and close relatives."

References:

China People's Congress Network-People's Republic of China (PRC) Civil Procedure Law

References:

People's Government Network-Measures for Payment of Litigation Fees