What is your opinion on the final adjudication of the two instances, and what is the final adjudicat

Updated on society 2024-02-27
4 answers
  1. Anonymous users2024-02-06

    If the first instance is not perfect, the second instance will be maintained.

  2. Anonymous users2024-02-05

    For some cases, it is necessary to go through a long period of trial, and sometimes there will be two levels of courts for trial. Below, I have compiled the relevant legal knowledge for your reference.

    What is the final adjudication of two instances

    The people's courts hear cases and implement the two-instance final adjudication system. The so-called two-instance final adjudication system refers to a trial system in which a case is concluded after being tried by the people's courts at two levels. That is to say, the judgment or ruling of the people's court of first instance cannot immediately produce legal effect, but allows an appeal or prosecutorial counter-appeal to be filed within the prescribed time, and the judgment and ruling of Pipi is made after the trial of the people's court of second instance, and once the judgment is pronounced, it will immediately produce legal effect, but there are exceptions:

    1. The people's courts hear civil cases and implement the two-instance final adjudication system, however, the first-instance final adjudication system is to be implemented in cases that follow the special procedures, the supervision procedures, the procedures for public announcements, and the procedures for the bankruptcy and repayment of debts by enterprise legal persons.

    2. The people's courts are to implement the two-instance final adjudication system in the trial of criminal cases, but in cases where the Supreme People's Court conducts a first-instance trial, the judgment takes effect immediately, and there is no issue of initiating second-instance trial procedures; In cases where an intermediate people's court imposes a death sentence for immediate execution, an appeal or prosecutorial counter-appeal is filed within the prescribed time, and after the High People's Court makes a second-instance judgment, the judgment still cannot immediately produce legal effect, and must be reported to the Supreme People's Court to go through the death penalty review procedure before it can take legal effect.

    In the actual operation process, it is recommended to consult professional advice and consult a professional lawyer to deal with it, so as to protect your own legitimate rights and interests to the greatest extent and protect your interests from harm. If you have something you don't understand. You can also look for relevant legal solutions.

  3. Anonymous users2024-02-04

    The final adjudication of the first instance is a kind of system of adjudication. The case was concluded after a trial by a first-level court. When the first-instance final adjudication system is implemented, a judgment or ruling made by a court becomes legally effective upon service, and the parties to the judgment or ruling that become a definite judgment or ruling or relevant persons may not appeal.

    According to the provisions of the Civil Procedure Law of the People's Republic of China, as an exception to the principle of final adjudication of two instances, the following cases are applicable to the final adjudication of the first instance: (1) the first instance case heard by the most senior people's court; (2) Voter list cases heard by basic level people's courts in accordance with special procedures, cases of declaration of disappearance, cases of death of publicity, cases of determination of incapacity of citizens, cases of limited capacity, cases of designated guardianship, cases of confirmation of identity relationship by the Nenno belt, cases of determination of ownerless property, and so forth. The legal effect of the judgment or ruling of the first-instance final trial is the same as that of the final judgment of the second instance.

    Article 162 of the Civil Procedure Law of the People's Republic of China.

  4. Anonymous users2024-02-03

    Legal analysis: There are four exceptions to China's two-instance final adjudication system: 1. The first-instance trial case heard by the Supreme People's Court is the final trial of the first instance 2. Cases in which Jian Hui is sentenced to death must be approved through the death penalty review procedures in accordance with the law before the judgment imposing the death penalty can take effect and be handed over for execution; 3. Cases in which local people's courts at all levels impose a criminal penalty below the statutory penalty in accordance with the provisions of the Criminal Law must be approved by the Supreme People's Court before the judgment or ruling can take effect and be handed over for enforcement. 4. Small claims litigation procedures in civil lawsuits.

    Legal basis: "Civil Procedure Law of the People's Republic of China" Article 10: People's courts hearing civil cases are to implement the systems of collegiality, recusal, open trial, and final adjudication at the two instances in accordance with the provisions of law.

Related questions