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No, if there is an objection to jurisdiction, it must be filed at the time of first instance, and if it is not raised, it means that the right has been waived, and after the judgment of the first instance is issued, it cannot claim jurisdiction again! In fact, you don't need to dwell on it, basically you will continue to win, there are very few cases of reversal, and there is a rate called reversal, and changing judgments is not beneficial to the court of second instance. The most important thing is that the second instance cannot present evidence (unless new evidence is present), that is, the judgment made with the original evidence will basically not be much worse than the first trial!
PS: The word "appeal" in the "appeal to the Intermediate Court" mentioned is used correctly.
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Hello, seeing your question, I have a question for you first, after the first-instance judgment, there is a fifteen-day appeal period, during which it will not be enforced, and the enforcement time can only be enforced after the effective date of the judgment after the expiration of the fifteen-day appeal period, if the execution begins, then it is impossible to appeal to the Intermediate People's Court again, because the statute of limitations for appeal has passed.
You later said that the Intermediate Court sent a summons, and I was confused when I saw this, and I really didn't know your situation. Then I will take the plaintiff's appeal within the appeal period, and the Intermediate People's Court has accepted it
In an appeal case, you can no longer raise a jurisdictional objection, the jurisdictional objection is raised when you receive the notice of first instance, if you do not raise it in the first instance, it means that you have recognized the jurisdiction of the court, or it can be said that you have waived the right to raise an objection.
In handling appeal cases, the Intermediate People's Court generally uses mediation, which is no longer formal, and the determination of evidence is also based on the evidence identified by the court of first instance (unless there is new evidence that has a decisive effect on the facts of the case), which is the handling of evidence.
The Intermediate People's Court will also check the procedural issues of the court of first instance, the citation of legal provisions, the facts ascertained and other issues, and if there is an error, it may remand for a new trial or change the judgment.
All of the above are procedural issues, and we are not clear about the essence of the case, so we can't.
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No. Jurisdictional objections can only be filed before the first instance.
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Legal basis: Article 225 of the Civil Procedure Law of the People's Republic of China: Where parties or interested parties admit that the act of burying the file violates the provisions of law, they may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties raise written objections, the people's courts shall review them within 15 days of receiving the written objections, and if the reasons for concealment are sustained, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it.
Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served.
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After the people's court accepts the case, if the parties have objections to jurisdiction, they shall submit them during the period of submission of the reply. The people's courts shall review the objections raised by the parties.
According to article 127 of the "Civil Procedure Law of the People's Republic of China", after a people's court accepts a case, if a party has an objection to jurisdiction, it shall submit it during the period of submission of a reply. The people's courts shall review the objections raised by the parties. where the objection is sustained, a ruling is made to transfer the case to a people's court with jurisdiction; If the objection is not sustained, a ruling is to reject it.
Where a party does not raise an objection to jurisdiction and responds to the lawsuit, it is deemed that the people's court receiving the lawsuit has jurisdiction, except for violations of the provisions on hierarchical jurisdiction and exclusive jurisdiction.
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If a party has an objection to jurisdiction, it shall submit it within 10 days from the date of receipt of the enforcement notice. The people's courts shall conduct a review of the objections raised by the parties. If the objection is sustained, the enforcement case shall be revoked and the parties shall be informed to apply to the people's court with jurisdiction for enforcement; If the objection is not sustained, the ruling shall be rejected.
Where a party is dissatisfied with the ruling, it may apply to the people's court at the level above for reconsideration. Enforcement is not suspended during the period of review and reconsideration of jurisdictional objections.
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Legal basis: Civil Procedure Law of the People's Republic of China Article 225 Where a party or interested party believes that the enforcement act violates the provisions of law, they may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties submit written objections, the people's courts shall review them within 15 days of receiving the written objections, and where the grounds are sustained, rule to revoke or correct them; where the reasons are not sustained, a ruling is to reject it.
Where parties or interested parties are dissatisfied with the ruling, they may apply to the people's court at the level above for reconsideration within 10 days of the date on which the ruling is served.
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Determination of the court with jurisdiction over the enforcement objection: The court with jurisdiction over the enforcement objection is the enforcement court. According to the provisions of the Civil Procedure Law, if a party or interested party believes that the enforcement act violates the provisions of the law, it may submit a written objection to the People's Court in charge of enforcement.
[Legal basis].Article 225 of the Civil Procedure Law.
Where parties or interested parties feel that the enforcement act violates legal provisions, they may submit a written objection to the people's court responsible for enforcement. Where parties or interested parties submit written objections, the people's courts shall postpone the completion of the review within 15 days of receiving the written objections, and where the reasons are sustained, rule to revoke or make corrections; where the reasons are not sustained, a ruling is to reject it. Where parties or interested parties are dissatisfied with the ruling, they may apply for reconsideration to the people's court at the level above within 10 days from the date on which the ruling is served.
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