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What is the scope of the appeal petition?

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Source: Legal Chart Compilation · 2024.02.26 · 4279 people have seen it
Guide: The appeal can only be made in written form, so the appellant must submit a petition of appeal when appealing. If the appeal is made orally, it will not be regarded as an appeal. The scope of the appeal petition includes the basic information of the appellant and the appellee, the appeal request, the appeal reason and the people's court of appeal.
 What is the scope of the appeal petition?

1、 What is the scope of the appeal petition?

A petition of appeal is a statement of appeal made by a party to a civil, administrative or criminal case to a local people's court at all levels first instance A document used when a civil, administrative or criminal judgment or ruling is not accepted and an appeal is filed to the people's court at the next higher level in accordance with the statutory procedure and time limit

Appeal

appellant:

Appellee:( Criminal appeal No Appellee)

The appellant refuses to accept the People's Court's [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [].

Appeal request:

Reason for appeal:

Sincerely

People's Court

Attachment: copies of this appeal

appellant:

specific date

[Description]

1. Appeal request. First, we should comprehensively describe the full picture of the case, and then write down the result of the original trial. Secondly, specify the whole or part of the original judgment. Finally, specify the details litigation The request is to revoke the original judgment, change the original judgment in whole or change the original judgment in part.

2. Grounds for appeal. It is mainly for the original judgment, not for the other party. The reasons for the argument against the original judgment and ruling are mainly as follows: (1) The facts are not clearly identified, mainly evidence Deficiency; (2) The nature determined in the original trial is improper; (3) Improper application of substantive law; (4) Violation of legal procedures.

2、 What are the characteristics of the appeal?

1. Must be litigants and legal agent Human

2. It must be filed against the first instance ruling or judgment of the local people's court at all levels, which includes two meanings. It can only be filed against the judgment made by the local people's court at all levels, i.e. the people's court below the higher level, and cannot be appealed against the judgment made by the Supreme People's Court; The appeal can only be filed if the people's court refuses to accept the judgment of the first instance. Our courts implement the system of the second instance being the final instance, second instance The decision is final and no appeal may be filed.

3. It must be filed in accordance with the legal procedure and time limit, that is, within the legal time limit, to the people's court at the next higher level to make the first instance judgment. It cannot be delayed or skipped

4. It is raised by the party against the problems existing in the determination of facts, application of law or procedure in the judgment or ruling of the first instance

If a party of first instance refuses to accept the judgment of the people's court of first instance, he may appeal within the statutory limits of authority. The appeal period of civil judgment and administrative judgment is 15 days, and the appeal period of criminal judgment is 10 days. The appeal petition is divided into civil appeal petition, criminal appeal petition and administrative appeal petition. The appeal is the right of appeal enjoyed by the parties according to law, and the first instance plaintiff, the defendant and the third party who is judged to be responsible have the right to appeal.


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