What is the ruling that cannot be appealed, and what are the rulings that cannot be appealed

Updated on Three rural 2024-03-28
5 answers
  1. Anonymous users2024-02-07

    Decisions that are not subject to appeal in addition to those that are subject to appeal under the law are listed below:

    Ruling of inadmissibility.

    Article 140 of the Civil Procedure Law: The ruling applies to the following scopes:

    1) Inadmissibility;

    2) There is an objection to jurisdiction;

    3) dismiss the indictment;

    4) Property preservation and prior enforcement;

    5) Permitting or not permitting the withdrawal of the lawsuit;

    6) Suspending or terminating litigation;

    7) Correcting clerical errors in the judgment;

    8) Suspend or terminate enforcement;

    9) non-enforcement of the arbitral award;

    10) Refusal to enforce creditor's rights documents that have been given compulsory enforcement effect by a notary public;

    11) Other matters that need to be resolved by ruling.

    Rulings in items (1), (2), and (3) of the preceding paragraph may be appealed.

    The written ruling is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed. Where an oral ruling is made, it is to be recorded in the record.

    Ruling on objection to jurisdiction.

    Ruling to dismiss the indictment.

    Ruling to dismiss the bankruptcy petition.

    Article 252 of the Civil Procedure Opinions: In cases of bankruptcy and debt repayment, all rulings shall be used; Except for the ruling rejecting the bankruptcy application, the parties are not allowed to appeal against other rulings.

    A ruling on the inadmissibility of a bankruptcy petition.

    Article 13 of the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Enterprise Bankruptcy Cases: If the people's court refuses to accept the bankruptcy application, it shall make a ruling. If the bankruptcy applicant is dissatisfied with the ruling not to accept the bankruptcy application, he may appeal to the people's court at the next higher level within 10 days from the date of service of the ruling.

  2. Anonymous users2024-02-06

    There are three types of decisions that can be appealed: inadmissibility, jurisdictional objections, and dismissals. In addition to the rulings listed above, other rulings, such as rulings made after trial in accordance with special procedures, final rulings of the court of second instance and rulings of the Supreme People's Court of first instance, are not subject to appeal.

    Legal basis: Civil Procedure Law.

    Article 154:Rulings apply to the following scopes:

    1) Inadmissibility;

    2) There is an objection to jurisdiction;

    3) dismiss the indictment;

    4) preservation and prior enforcement;

    5) Permitting or not permitting the withdrawal of the lawsuit;

    6) Suspending or terminating litigation;

    7) Correcting clerical errors in the judgment;

    8) Suspend or terminate enforcement;

    9) revoke or refuse to enforce the arbitral award;

    10) Refusal to enforce creditor's rights documents that have been given compulsory enforcement effect by a notary public;

    11) Other matters that need to be resolved by ruling.

    Rulings in items 1 through 3 of the preceding paragraph may be appealed.

    The ruling document shall clearly state the outcome of the ruling and the reasons for making the ruling. The written ruling is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed. Where an oral ruling is made, it is to be recorded in the record.

    Article 155:Judgments or rulings of the Supreme People's Court, as well as judgments or rulings that are not allowed to appeal in accordance with law, or that have not been appealed beyond the appeal period, are legally effective judgments or rulings.

  3. Anonymous users2024-02-05

    Legal Analysis: Judgments that can be appealed include: first-instance judgments made by local courts at all levels, judgments made by second-instance courts after remanding for retrial, and retrial judgments made on cases in accordance with first-instance trial procedures.

    There are three types of decisions that can be appealed: inadmissibility, jurisdictional objections, and dismissals. In addition to the judgments and rulings listed above, other judgments or rulings, such as those made after trials in accordance with special procedures, final judgments or rulings of the court of second instance, and judgments or rulings of the Supreme People's Court of first instance are not subject to appeal.

    This grip. Legal basis: Civil Procedure Law of the People's Republic of China Article 164: Where a party is dissatisfied with the first-instance judgment of the local people's Zaosunmin Court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

  4. Anonymous users2024-02-04

    In general, the content of the ruling does not involve substantive rights, so it cannot be appealed. A ruling is a litigation document made by the adjudication organ in accordance with the law for the purpose of handling procedural issues or some substantive issues. It can be seen that if the ruling only involves procedural issues, it cannot be appealed, and there is no need for the people's court to conduct a new trial, but if it involves substantive issues, an appeal can be filed, such as a ruling on inadmissibility, a ruling on objection to jurisdiction, and a ruling on the rejection of a lawsuit.

    Article 154 of the Civil Procedure Law of the People's Republic of China applies to the following scope:

    1) Inadmissibility;

    2) There is an objection to jurisdiction;

    3) dismiss the indictment;

    4) preservation and prior enforcement;

    5) Permitting or not permitting the withdrawal of the lawsuit;

    6) Suspending or terminating litigation;

    7) Correcting clerical errors in the judgment;

    8) Suspend or terminate enforcement;

    9) revoke or refuse to enforce the arbitral award;

    10) Refusal to enforce creditor's rights documents that have been given compulsory enforcement effect by a notary public;

    11) Other matters that need to be resolved by ruling.

    Rulings in items 1 through 3 of the preceding paragraph may be appealed.

    The ruling document shall clearly state the outcome of the ruling and the reasons for making the ruling. The written ruling is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed. Where an oral ruling is made, it is to be recorded in the record.

  5. Anonymous users2024-02-03

    Legal Analysis: Four rulings that can be appealed: 1. Inadmissibility rulings.

    2. Rulings on objections to jurisdiction. 3. The ruling to dismiss the lawsuit. 4. The ruling on the rejection of the bankruptcy application.

    Judgments that can be appealed include: first-instance judgments made by local courts at all levels, judgments made by second-instance courts after remanding for retrial, and retrial judgments made in cases in accordance with first-instance trial procedures. There are three types of rulings that can be appealed:

    Inadmissibility rulings, jurisdictional objections, and dismissal of indictments. In addition to the judgments and rulings listed above, other judgments or rulings, such as those made after trial in accordance with special procedures or after laughter, the final judgment or ruling of the court of second instance and the judgment or ruling of the Supreme People's Court of first instance, are not subject to appeal.

    Legal basis: Article 100 of the Civil Procedure Law of the People's Republic of China on Confiscation of the People's Republic of China contains Article 54 The ruling applies to the following scope: (1) inadmissibility; 2) There is an objection to jurisdiction; 3) dismiss the indictment; 4) preservation and prior enforcement; 5) Permitting or not permitting the withdrawal of the lawsuit; 6) Suspending or terminating litigation; 7) Correcting clerical errors in the judgment; 8) Suspend or terminate enforcement; 9) revoke or refuse to enforce the arbitral award; 10) Refusal to enforce creditor's rights documents that have been given compulsory enforcement effect by a notary public; 11) Other matters that need to be resolved by ruling.

    Rulings in items 1 through 3 of the preceding paragraph may be appealed. The ruling document shall clearly state the outcome of the ruling and the reasons for making the ruling. The written ruling is to be signed by the adjudicators and clerks, and the seal of the people's court is to be affixed.

    Where an oral ruling is made, it is to be recorded in the record.

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