Can I still appeal the first instance judgment when it reaches the enforcement period?

If the parties and their statutory ** persons are dissatisfied with the first-instance judgment or ruling of the court, and appeal to the court at the next higher level, the law must be complied with, and the case has reached the enforcement period indicates that it has taken effect, and the condition for taking effect is that there is no appeal within the appeal period, so it cannot be appealed.

There is a time limit for appeals, which is 15 days for appeals against civil judgments and 10 days for appeals against criminal judgments. After the time limit, there can be no further appeal.

1. Those who are dissatisfied with a first-instance civil judgment made by a people's court may appeal to the people's court at the level above within 15 days of receiving the judgment.

An appeal shall be filed with a copy of the appeal brief, according to the number of appellees.

and pay the appeal fee.

Those who fail to submit an appeal petition as required within the appeal period or refuse to pay the appeal fee without the approval of the court shall be treated as waiver of the appeal.

2. The judgment rendered by the people's court of second instance is final and takes legal effect from the date on which the judgment is announced.

If you are not satisfied with the final judgment, you may appeal to the court that made the judgment.

During the appeal period, the enforcement of the final judgment is not affected.

If, after review, the people's court decides to retry the case, it may rule to temporarily suspend enforcement of the original judgment in accordance with law.

A party's application for retrial shall be submitted within 2 years of the judgment or ruling taking legal effect.

After the first-instance judgment takes effect, the parties cannot appeal the case, but they can apply for a retrial.

Code of Civil Procedure

Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being 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.

Article 199:Where parties find that a judgment or ruling that has already taken legal effect is in error, they may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

No. If the civil judgment is not received within 15 days, it cannot be appealed.

1. Whether the first-instance judgment should be enforced during the appeal period.

1. The first-instance judgment cannot be enforced during the appeal period. Only if the first-instance judgment takes effect can it be enforced. After the first-instance judgment, if one or both parties appeal, the first-instance judgment does not take legal effect during the appeal period and of course cannot be enforced.

During the appeal period or the second-instance trial, the appellee may also raise an objection to the first-instance judgment to the court of second instance.

2. Legal basis: Article 49 of the Civil Procedure Law of the People's Republic of China.

The parties have the right to entrust a person to apply for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement.

The parties may consult the relevant materials of the case, and may make copies of the relevant materials and legal documents of the case. The scope and methods for inspecting and reproducing materials related to this case are to be provided for by the Supreme People's Court.

The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform the judgments, rulings and mediation documents that take legal effect.

2. Can I apply for preservation during the appeal period?

An application for interim measures may be made during the appeal period. According to the provisions, the applicable conditions for pre-litigation property preservation are:

1. The application for pre-litigation property preservation must have the content of payment, that is, the applicant's claim for the case filed in the future must have the content of property payment;

2. The situation is urgent, and if the corresponding preservation measures are not taken immediately, the applicant's legitimate rights may suffer irreparable losses;

4. The applicant for pre-litigation property preservation must provide a guarantee. If the applicant does not provide a guarantee, the people's court will reject the applicant's application for property preservation before filing a lawsuit.

Legal Analysis: The judgment of the first instance is not enforced during the appeal period.

Legal basis: Article 164 of the Civil Procedure Law of the People's Republic of China Where a party is dissatisfied with the first-instance judgment of the People's Court of the People's Republic of China, he or she has the right to appeal to the people's court at the level above within 15 days from the date of delivery of the judgment.

Where a party is dissatisfied with the first-instance ruling of a local people's court, it has the right to appeal to the people's court at the next higher level within 10 days of the date on which the ruling is served. Tongji.