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Consequences of appeal against divorce

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Consequences of appeal against divorce


        

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  • 2024-06-24 15:00:48

    The first instance judgment allows the couple to divorce, and the defendant can appeal within 15 days after the first instance judgment is served.
    If the facts are clear and the applicable law is correct, the court will reject the appeal by ruling. The original judgment shall be upheld.
    The second instance is final. The divorce took effect at that time when the judgment of the second instance granted the divorce.
    The Civil Procedure Law stipulates that:
    Article 164 If a party refuses to accept a judgment of first instance made by a local people's court, he shall have the right to appeal to the people's court at the next higher level within 15 days after the written judgment is served. If a party refuses to accept an order of first instance made by a local people's court, he shall have the right to appeal to the people's court at the next higher level within ten days of the service of the written order.
    Article 169 The people's court of second instance shall form a collegial panel to hear an appealed case. After reviewing the files, investigating and questioning the parties, if no new facts, evidence or reasons are presented, and the collegial panel considers that it is unnecessary to hold a court session, it may not hold a court session.
    Article 170 After hearing an appealed case, the people's court of second instance shall handle it separately according to the following circumstances:
    (1) If the original judgment or written order clearly identifies the facts and correctly applies the law, the appeal shall be rejected in the form of a judgment or written order, and the original judgment or written order shall be upheld;
    (2) If the original judgment or ruling is wrong in ascertaining facts or in applying the law, the judgment or ruling shall be changed, rescinded or altered according to law; Article 171 The people's court of second instance shall use a ruling in all cases of appeal against the ruling of the people's court of first instance. Article 175 The judgments and orders of the people's courts of second instance are final. Article 176 When trying a case of appeal against a judgment, the people's court shall conclude the case within three months from the date of filing the case for second instance. If the extension is necessary under special circumstances, it shall be approved by the president of the court. When trying an appeal case against a ruling, the people's court shall make a final ruling within 30 days from the date of filing the case for second instance.

    A***

    2024-06-24 15:00:48

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