Whether the third party in the original trial of the appeal case was established as the appellee

Whether or not the third party in the original trial is established as the appellee in an appeal case depends on the specific circumstances.

Third parties are divided into third parties with independent claims and third parties without independent claims. A third party with the right to make a claim has the same status as a party, so it can become the appellee of the second instance and has the same status as the plaintiff in the lawsuit. Although a third party with an independent claim takes both parties to the lawsuit as defendants when the lawsuit is filed, the plaintiff and the defendant in the position of defendants are not joint litigants in the litigation because they have opposing interests in the subject matter of the lawsuit.

A third party who does not have the right to make an independent claim and is required to bear substantive obligations in the first-instance judgment has the right to appeal, so it can also become the appellee of the second-instance trial.

Third-party participation in the second-instance trial may take the following three forms:

1. If a party appeals against the first-instance judgment, the third party shall continue to be listed as the third party or the appellee;

2. The third party who does not have the right to make an independent claim in the first-instance judgment bears responsibility, and the third party appeals;

3. A third party with the right to make an independent claim appeals.

The third person has the following characteristics:

1. Participate in the ongoing litigation of others. The third person is the one who joins someone else's lawsuit as opposed to the original defendant. The third party's participation is also conditional on the fact that the plaintiff's lawsuit has begun and has not yet been concluded.

2. The third party has an independent litigation status in the lawsuit. The third party is different from the joint litigant and other litigation participants other than the parties, but is a party in the broad sense and has an independent litigation status. In the litigation, he may act as a third party in litigation against the original defendant in the lawsuit, or assist one party in litigation with the other party.

3. The third party is a person who has an interest in the case. This kind of interest mainly includes two situations: first, the plaintiff and the defendant are in dispute over the subject matter of the litigation, which infringes on the interests of the third party; Second, the court's handling of the lawsuit may have a favorable or unfavorable impact on the third party.

This is the fundamental difference between a third person and a person, a witness, an expert and a translator.

Article 167 of the Civil Procedure Law: When the original people's court receives an appeal petition, it shall send a copy of the appeal petition to the opposing party within 5 days, and the opposing party submits a reply within 15 days of receipt. The people's court shall send a copy to the appellant within 5 days of receiving the reply. Where the opposing party does not submit a reply, it does not affect the people's court's trial.

The original people's court shall send it to the second-instance trial court within 5 days, together with all case files and evidence, upon receipt of the appeal petition or reply.

can be listed as an appellee... It depends on whether the appellant has any objection to the part of the judgment on the third party, and if so, it may not be listed.

Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Civil Procedure Law (Provisional) (61) Where one or some of the necessary co-litigants file an appeal alone, and the appeal becomes a separable lawsuit, the same party may not be listed in the legal documents; In an indivisible lawsuit, the other parties may be listed as the appellee.

A: If a third party interested in an administrative lawsuit is listed as a third party by the judge in the first instance, the plaintiff should list the facts of the third party as the appellee when appealing.

It cannot be listed as an appellant, but should still be listed as a third party or not listed.

Thank you for adopting.

The parties remain unchanged at the time of appeal, and if the interested party of the first instance is listed as a third party, then the second instance appeal should also be listed as a third party, and the appellee may be written XX, and the third party of the original trial may be bracketed.

DU is required at the time of appeal

It is enough to list it as a third person.

Basis: Where the Supreme People's Court of the People's Republic of China on the Application of the "People's Republic of China Administrative Litigation Law" makes a judgment and ruling after the People's Court of First Instance makes a judgment and ruling, all parties to the appeal file an appeal, and all parties to the appeal are appellants.

Some of the litigants file an appeal, the opposing party that does not appeal is the appellee, and the other parties are listed according to the original litigation venue.

If a third party interested in an administrative lawsuit is listed as a third party in the first instance, and when the plaintiff appeals, the third party cannot be listed as the appellee.

The reasons are as follows:

1. In administrative litigation, if a party is dissatisfied with the first-instance judgment after the first-instance judgment is pronounced, it may file an appeal within 15 days;

2. If the plaintiff of the first instance is not satisfied, the plaintiff is the appellant and the defendant of the first instance is the appellee;

3. If there is an interested third party in the first instance, after the case is appealed, the third party can be listed as the "third party of the original trial" in the second instance;

4. If the defendant in the first instance is dissatisfied and files an appeal, the third party is still listed as the "third party of the original trial" in the second instance;

5. If both the plaintiff and the defendant of the first instance are dissatisfied with the appeal, then the original defendant of the first instance shall be listed as the appellant in the second instance, while the third party shall still be listed as the "third party of the original trial".

To sum up, the third party in the first instance is listed as the "third party in the original trial" in the second instance.

Is it serious, go to the local area to see what to do.

Legal analysis: 1. If he appeals, his status is that of the appellant (indicating the third party of the original trial);

2. If he is appealed by the plaintiff of the original trial, his status is that of the appellee (indicating the third party of the original trial);

3. If the plaintiff of the original trial appeals or the defendant of the original trial appeals against the plaintiff, the state of Lesanna is directly listed as the third party of the original trial. The third party with the right to make an independent claim participated in the lawsuit by filing a lawsuit in the Yuan Min Nian trial, and his status is equivalent to that of the plaintiff.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 169:Second-instance people's courts shall form a collegial panel for trial of appeal cases. After reading the case file, investigating and questioning the parties, if no new facts, evidence, or reasons are presented, and the collegial panel finds that it is not necessary to conduct a trial, it may not conduct a trial.

Article 176:People's courts hearing appeals against judgments shall complete trial within 3 months of the second-instance trial case being filed. Where there are special circumstances that require an extension, it is to be approved by the president of that court. People's courts hearing appeals against rulings shall make a final judgment within 30 days of filing the second-instance trial.

Legal analysis: In civil litigation, there are two kinds of third parties, one is the third party who does not have the right to claim before the independent quarrel. One is a third party who has the right to make an independent claim.

Third parties who do not have the right to make an independent claim generally participate in the litigation in the original trial for the purpose of ascertaining the facts of the case or being implicated in the case. For Wu Dusan, only when they are required to bear civil liability can they have the right to appeal, and they can also be appealed.

Legal basis: Article 319 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China: Where one or some of the necessary joint litigants raise an appeal, it is to be handled in accordance with the following circumstances:

1) Where the appeal only has opinions on the sharing of rights and obligations with the opposing party, and does not involve the interests of other joint litigants, the opposing party is the appellee, and the same party that has not appealed is listed according to the place of litigation of the original trial;

2. If the appeal only has opinions on the division of rights and obligations between the joint litigants, and does not involve the interests of the other party, the same party that has not been discussed and the lawsuit is terminated is the appellee, and the opposing party is listed according to the place of litigation of the original trial;

3) Where the appeal has opinions on the assumption of rights and obligations between the parties and between the joint litigants, the other parties who have not filed an appeal are the appellees.

1. If there is a third party with independent claim who is dissatisfied with the first-instance judgment, his status is that of the appellant (the third party of the original trial is indicated in the note); 2. If the defendant of the original trial is dissatisfied and appeals against a third party with independent claims, then his status is that of the appellee (indicating the third party of the original trial); 3. If the plaintiff or the defendant of the original trial appeals against the plaintiff, it will be directly listed as the third party of the original trial.

Article 29 of the Administrative Litigation Law of the People's Republic of China: Where citizens, legal persons, or other organizations have an interest in the administrative act being sued but have not initiated a lawsuit, or have an interest in the outcome of the case, they may apply to participate in the litigation as a third party, or the people's court may notify them to participate in the litigation. Where the People's Court makes a judgment that a third party bears obligations or derogates from the rights and interests of a third party, the third party has the right to file an appeal in accordance with law.

The third party of the original trial of the appellate petition needs to be listed, and the third party in civil litigation refers to a person who has an independent claim for the subject matter of the litigation disputed by others, or who has a legal interest in the outcome of the case despite not having an independent right of claim, and who participates in the litigation that the plaintiff or defendant has already started.

Characteristics of a third person.

1. The plaintiff or defendant believes that they have an independent right to make a claim for the destruction of the subject matter of the dispute, or that they may have a legal interest in the outcome of the case. This is the basis for the participation of third persons in the proceedings. The third party has some kind of civil legal relationship with the plaintiff or defendant, and the trial result of the case may have a legal interest in the third party, which is the fundamental point that distinguishes the third party from the joint litigant and the litigant.

2. Must participate in the litigation after the beginning of the litigation and before the conclusion of the case trial. If the litigation between the plaintiff and the defendant has not yet begun, or the litigation between the plaintiff and the defendant has ended, that is, the people's court has concluded the trial of the case, no one can become a third party through litigation.

3. The third party is a person who has an interest in the case. This stake** is twofold: first, infringement or dispute with the plaintiff and defendant from the present lawsuit; The second is the result of the court's handling of the lawsuit.

1. What are the rules for appeal fees?

Measures for Payment of Litigation Costs

Article 22.

The plaintiff shall pay the case acceptance fee within 7 days from the day after receiving the notice of payment of litigation fees from the people's court; In the case of a counterclaim, the party who filed the counterclaim shall pay the case acceptance fee within 7 days from the day after the counterclaim is filed. The case acceptance fee for an appeal case is to be paid in advance when the appellant submits the appeal petition to the people's court. If both parties file an appeal, they shall be submitted separately.

Where the appellant fails to pay the litigation fees in advance within the appeal period, the people's court shall notify them to make the advance payment within 7 days. The application fee shall be paid in advance by the applicant at the time of filing the application or within the time limit specified by the people's court.