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Generally, the court of second instance shall make a decision within three months.
According to the provisions of the Civil Procedure Law, if a party is dissatisfied with a first-instance civil judgment, it has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment. However, for second-instance civil cases, under normal circumstances, the second-instance court shall conclude the trial within three months from the date on which the second-instance trial is filed.
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 176:People's courts hearing appeals against judgments shall complete trial within 3 months of filing the second-instance trial. 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.
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In criminal cases, the time limit for the defendant to appeal is 10 days. Article 219 of the Criminal Procedure Law: 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.
In civil cases, the time limit for the parties to appeal is 15 days. Article 164 of the Civil Procedure Law: 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.
If the appeal is not filed within the time limit prescribed by law, the judgment of the first instance becomes legally effective.
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The issue of the statute of limitations is clearly defined.
General Principles of the Civil Law of the People's Republic of China
Chapter VII: Statute of Limitations.
Article 135:The statute of limitations period for requesting protection of civil rights from the people's courts is 2 years, except as otherwise provided by law.
Article 136:The following statute of limitations periods are one year:
1) Claims for compensation for bodily injury;
2) ** The quality of the goods is not declared;
3) Delay or refusal to pay rent;
4) Deposited property is lost or damaged.
Article 137:The statute of limitations period is calculated from the time when knowledge or should have known that rights had been infringed. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them. Where there are special circumstances, the people's court may extend the statute of limitations.
Article 138:Where the statute of limitations period has expired and the parties voluntarily perform it, the statute of limitations is not to be limited.
Article 139:Where the right to claim cannot be exercised due to force majeure or other obstacles within the last six months of the statute of limitations, the statute of limitations is suspended. The statute of limitations period continues to run from the date on which the reasons for the suspension of the statute of limitations are removed.
Article 140:The statute of limitations for litigation is interrupted when a lawsuit is initiated, a party submits a request, or agrees to perform an obligation. From the time of interruption, the statute of limitations period is recalculated.
Article 141:Where the law provides otherwise for the statute of limitations, follow the provisions of law.
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There must be a judgment of first instance.
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