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Conditions of appeal

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Conditions of appeal


        

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  • 2024-05-26 14:01:22

    The conditions for civil appeal are as follows:

    1. The parties believe that the effective civil judgment or ruling is wrong, the effective civil mediation statement violates the principle of voluntariness or the content of the mediation agreement is illegal.

    2. There are legal application reasons.

    3. Apply for retrial within the statutory time limit.

    4. Apply to the people's court that made the legal document or the people's court at the next higher level.

    The conditions for a criminal appeal are as follows:

    1. There is new evidence to prove that the facts identified in the original judgment or ruling are wrong, which may affect conviction and sentencing;

    2. The evidence on which the conviction and sentence are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;

    3. There was a definite error in the application of law in the original judgment or ruling;

    4. Violation of legal procedures may affect the fair trial;

    5. During the trial of the case, the judges committed embezzlement, accepted bribes, engaged in malpractices for personal gain, and perverted the law in adjudication.

    [Legal Basis]

    In Article 199 of the Civil Procedure Law, if a party believes that there is error in a legally effective judgment or order, he may apply to the people's court at the next higher level for retrial;

    If one party has a large number of people or both parties are citizens, they may also apply to the people's court that originally tried the case for retrial. If a party applies for retrial, the execution of the judgment or order shall not be suspended.

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