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If the judgment is not pronounced in court, the appeal period shall begin to be calculated in the first instance, and the judgment shall take effect on the date of receipt of the judgment. In the second instance, there is no appeal at the completion of the appeal period.
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An appeal may be made within 15 days after the judgment is issued, otherwise it will be deemed that the appeal ,.. is automatically waivedOnce the 15-day appeal period has elapsed, the judgment takes effect.
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The time of entry into force is indicated on the judgment, which is generally effective from the date of service of the judgment!
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Look at what type of verdict it is. In the case of a judgment of first instance, if you do not appeal to the court within 15 days after you receive the judgment, the judgment shall take effect on the 16th day after you receive the judgment. If you appeal to the court within 15 days of receiving the judgment, the judgment will not take effect for the time being, and the final entry into force depends on the judgment of the court of second instance.
In the case of a second-instance judgment, it will take effect immediately after the judgment is issued.
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The first-instance judgment takes effect after 15 days of appeal; The second-instance judgment shall take effect after it is issued.
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If it is a criminal case of 10 days in the first instance, the service of the second instance will take effect.
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The verdict entered into force 15 days later.
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The effective date of the judgment is as follows:
1. For civil judgments, if the first-instance judgment is not appealed within 15 days of receiving the judgment, it will automatically take effect, because there are relevant laws and regulations, if the parties do not file an appeal within 15 days from the date of delivery to the parties, the judgment shall take effect, and the second-instance judgment shall take effect.
2. For criminal judgments, the first-instance judgment shall take effect automatically if the appeal is not made within 10 days of receiving the judgment, and the second-instance judgment shall take effect when it is made;
3. For administrative judgments, the first-instance judgment shall take effect if the judgment is not appealed within 15 days of receipt of the judgment, and the second-instance judgment shall take effect when it is made. With the consent of the person to be served, the people's court may use electronic means to confirm their receipt of the litigation documents. Where the person to be served submits a judgment or ruling or mediation document that is served by electronic means, and the person to be served submits that a paper document is needed, the people's court shall provide it, and the date on which the service information arrives at the recipient's specific system is the date of service.
Legal basisArticle 171 of the Civil Procedure Law of the People's Republic of China.
Where a party is dissatisfied with the first-instance judgment of a local people's 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.
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Legal analysis: 1. Civil judgment of first instance: The effective time of the judgment of the first trial banquet is after the expiration of the appeal period, that is, 15 days after the judgment.
2. Administrative first-instance judgment: The first-instance judgment will automatically take effect if the judgment is not appealed within 15 days of receiving the judgment. 3. Criminal first-instance verdict:
The judgment of the first instance shall take effect automatically if the appeal is not made within 10 days of receiving the judgment. 4. Second-instance judgments: Civil, administrative, and criminal second-instance judgments take effect upon serving.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 155:Judgments and rulings of the Supreme People's Court, as well as judgments or rulings of the Supreme People's Court that are not allowed to appeal in accordance with law, or that have not appealed beyond the appeal period, are legally effective judgments or rulings.
Article 230:The time limit for appeals and prosecutorial counter-appeals against judgments is 10 days, and the time limit for appeals and prosecutorial counter-appeals against rulings is 5 days, calculated from the second day of receipt of the judgment or ruling.
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Legal analysis: The effective time of the judgment is stipulated as follows: within 15 days from the date of delivery to the parties, if the parties do not file an appeal, the judgment shall take effect.
The law stipulates that if a party is dissatisfied with the first-instance judgment of a people's 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.
Legal basis: "Administrative Litigation Law of the People's Republic of China" Article 85: Where a party is dissatisfied with a people's court's first-instance judgment, it has the right to appeal to the people's court at the level above within 15 days of the judgment being served. Where parties are dissatisfied with the people's court's first-instance ruling, they have 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.
Where an appeal is not raised within the time limit, the people's court's first-instance judgment or ruling takes legal effect.
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The first-instance judgment shall automatically take effect if there is no appeal within 15 days of receipt of the judgment; The second-instance judgment shall take effect when it is rendered. 2. Criminal judgment: The first-instance judgment will automatically take effect if the judgment is not appealed within 10 days of receiving the judgment; The second-instance judgment shall take effect when it is rendered.
3. Administrative judgment: The first-instance judgment will automatically take effect if the judgment is not appealed within 15 days of receiving the judgment; The second-instance judgment shall take effect when it is rendered.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 164: Where a party is dissatisfied with a first-instance judgment of a local people's 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.
Article 229 of the Criminal Procedure Law of the People's Republic of China: Where victims and their legally-designated persons are dissatisfied with the first-instance judgment of a local people's court at any level, they have the right to request that the people's procuratorate raise a prosecutorial counter-appeal within 5 days of receiving the judgment. Within 5 days of receiving the request from the victim and his legally-designated **, the people's procuratorate shall make a decision on whether to raise a prosecutorial counter-appeal and respond to the requester.
Article 230:The time limit for appeals and prosecutorial counter-appeals against judgments is 10 days, and the time limit for appeals and prosecutorial counter-appeals against rulings is 5 days, calculated from the second day of receipt of the judgment or ruling.
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Legal analysis: The first-instance judgment is the receipt of the judgment, and if the appeal period is not extended, it will automatically take effect. Civil, administrative, and criminal judgments of second instance shall take effect upon service.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 155:Judgments and rulings of the Supreme People's Court, as well as judgments or rulings of the Supreme People's Court that are not allowed to appeal in accordance with law, or that have not appealed beyond the appeal period, are legally effective judgments or rulings.
Article 164:Where a party is dissatisfied with a local people's court's first-instance judgment, he or she 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 the first-instance ruling of the local people's court, 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 230 of the Criminal Procedure Law of the People's Republic of China: The time limit for appeals and prosecutorial counter-appeals against judgments is 10 days, and the time limit for appeals and prosecutorial counter-appeals against rulings is 5 days, calculated from the second day of receipt of the judgment or ruling.
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When will the judgment take effect, as follows:
1. Civil judgment of first instance. The first-instance judgment shall automatically take effect if there is no appeal within 15 days of receipt of the judgment;
2. Administrative judgment of first instance. The first-instance judgment shall automatically take effect if there is no appeal within 15 days of receipt of the judgment;
3. Criminal first-instance verdict:The judgment of the first instance shall take effect automatically if the appeal is not made within 10 days of receiving the judgment.
4. Second-instance judgment. The second-instance final adjudication system means that the second-instance trial is the last trial, and there is no such thing as an appeal in the second-instance instance. Therefore, civil, administrative and criminal judgments of second instance take effect upon service;
A judgment, such as a written letter, refers to a document written by the court based on a judgment. It is a commonly used style of applied writing in the legal profession, including civil judgments, criminal judgments, administrative judgments and civil judgments attached to criminal cases. The drafting of judgments shall be standardized, innovative, open, legal, and accurate in form;
5. "Appeal" refers to the first-instance judgment, ruling or review decision made by the parties against the people's court that has not yet taken legal effect;
6. There must be a qualified appellant and an appellee;
7. It must be a judgment ruling that allows an appeal in accordance with the law, and meets the statutory time limit for appeal.
Legal basisArticle 149 of the Civil Procedure Law of the People's Republic of China.
Cases tried by the people's courts applying the ordinary procedures shall be concluded within six months of the date on which the case is filed. If there are special circumstances that require an extension, it shall be approved by the president of that court, and if Lunbi may extend it for six months and still needs to be extended, it shall be reported to the people's court at a higher level for approval.
Article 161.
People's courts applying the simplified procedures to try cases shall complete trial within 3 months of filing the case.
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