In appeal cases, the transfer of the first instance case to the second instance trial is relatively

First of all, your question is vague and does not explain whether the nature of the case is civil or criminal, administrative, or special. Therefore, for the time being, I will answer you according to the civil case, if it is a case of other nature, please add an explanation.

According to the Several Provisions of the Supreme People's Court on Strictly Implementing the Time Limit System for Trial of Cases, the trial time limit for appealing civil judgments is three months; Where there are special circumstances that require an extension, an extension of three months may be granted with the approval of the president of that court, that is, the second-instance court shall complete the trial within at least 6 months.

If the court of second instance is unable to complete the trial within the time limit set by the People's Court, it shall follow article 59 of the "People's Court's Measures for Trial Disciplinary Sanctions": Where the case is deliberately delayed for personal gain, a sanction ranging from a warning to a serious demerit shall be given. where the circumstances are serious, a sanction of demotion to expulsion is to be given.

Where case handling is delayed due to negligence, causing serious consequences, sanctions ranging from warnings to major demerits are to be given.

If you appeal through the court of first instance, according to Article 150 of the Civil Procedure Law, after receiving the appeal petition and reply (if any), the original people's court shall submit it to the people's court of second instance within five days, together with all the case files and evidence. Otherwise, in accordance with Article 59 of the "People's Court Trial Disciplinary Measures":

and where the case is deliberately delayed for personal gain, a sanction ranging from a warning to a serious demerit is to be given. where the circumstances are serious, a sanction of demotion to expulsion is to be given. Where case handling is delayed due to negligence, causing serious consequences, sanctions ranging from warnings to major demerits are to be given.

If you appeal directly to the court of second instance, the court of second instance shall issue a notice of transfer to the original people's court, and the court of first instance shall transfer all case files and evidence within 5 days, but not later than 10 days, and if the court of second instance does not cooperate, the court of second instance may sanction the relevant judge in accordance with the requirements of the Measures for Trial Disciplinary Sanctions of the People's Court.

If the court system does not deal with responsible judges, you can file a complaint or appeal with the people's congress, political and legal committee, and discipline inspection at the same or higher level.

This is not usually the case.

Legal analysis: According to the regulations, if one party is dissatisfied with the first-instance judgment and files an appeal, the first-instance court shall transfer all the first-instance file materials and the silver code and the appeal petition to the second-instance court. After the judgment of the second instance, the dossier materials will be returned to the court of first instance for preservation.

The court case file is confidential, and the process usually takes about 10 days.

Legal basis: Article 167 of the Civil Procedure Law of the People's Republic of China: When the original people's court receives an appeal brief, it shall send a copy of the appeal petition to the opposing party within 5 days, and the opposing party shall submit a reply within 15 days of receiving it. The people's court shall send a copy to the appellant within 5 days of receiving the reply.

If 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.

Find the president of the court, the discipline inspection team, or the judge.

Summary. Hello, after the appeal of the first instance, I entered the second instance and walked for two and a half years, and the judgment will be upheld. The time limit for enforcing the second-instance judgment is two years, and the court of second instance may uphold the original judgment if it finds that the first-instance judgment is correct.

This means that your appeal in the second instance was not upheld, and the judgment of the first instance will continue to be valid <>

Hello, after the appeal of the first instance, I entered the second instance of Qin Hui and walked for two and a half years, and the judgment will be upheld. The time limit for the enforcement of the second-instance judgment is two years, and the second-instance court finds that the first-instance judgment is correct and can uphold the original judgment. This means that your appeal in the second instance trial was not upheld, and the first instance judgment will continue to be valid<>

Dear, the period for the enforcement of the second-instance judgment is two years, and it will be calculated from the last day of the performance period stipulated in the legal documents; If the statute of limitations has expired, then you will not be able to apply for enforcement; However, if the person concerned is not satisfied with the case after the judgment is handed down, he can also file an appeal. You can also apply to the Court of Second Instance to speed up the trial process.

Legal basis: Article 199 of the "Civil Procedure Law of the People's Republic of China" Where a party finds that there is an error in a judgment or ruling that has already taken effect, 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, and may also apply to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

In the second-instance stage, the court will re-examine the facts, evidence and applicable law of the case, and make a judgment in accordance with the law. The judgment is premature, the judgment of the first instance is upheld, the judgment is reversed, or the judgment is remanded for a new trial. Two and a half years after the first instance appeal enters the second instance, according to the law, the court of second instance usually makes a judgment within two months.

Hello dear, happy to answer your <>

After an appeal of the first instance, if the court of second instance upholds the judgment of the first instance, then the parties need to wait until the judgment of the court of second instance has taken legal effect before they can file an appeal again. In accordance with Article 150 of the Civil Procedure Law of the People's Republic of China, the court of second instance shall render a final judgment within 20 days from the date of receipt of the appeal petition. Where parties are dissatisfied with the final judgment rendered by the court of second instance, they may apply to the people's court for a retrial within 30 days of the judgment taking legal effect.

If the parties fail to file an application for retrial within the statutory time limit, then no further appeal can be filed.

There is a time limit, the law stipulates that the court of first instance has five days after receiving the appeal petition to hand over the case file to the court of second instance, but in practice it tends to take longer, and now that electronic files are implemented, it may be a little longer.

Legal basis: Civil Procedure Law

Theoretically, it should be transferred to the court of second instance within one month after the appeal, but in practice this step is very slow, and most of the cases to be filed by the court of second instance will be completed in about 2-3 months.

If the court of first instance says that it has handed over the file to the court of second instance, it may request to see the register signed by the court of second instance after the transfer; If the case filing division of the court of first instance does not inspect it, it means that it has not been transferred.

If it is ascertained in the court of first instance that there is a transfer registration signed by the court of second instance, it can be referred to the court of second instance to understand whether the case has been filed. If no case is filed, ask for a reason. If the case has already been filed, ask to see if it has been transferred to the Trial Division.

Several Provisions of the Supreme People's Court on Strictly Implementing the System of Time Limits for Case Trials

Article 6: Paragraph 2: The second-instance trial court shall file the case within 5 days of receiving the appeal (counter-appeal) materials and case file materials transferred by the first-instance trial court.

Article 7: The case-filing body shall transfer the case file materials to the trial division within 3 days of deciding to file the case.