What is the legal process for a complaint?

There are two types of appeals:

The first is the appeal in litigation, which refers to the parties, the victim and his family, or other citizens who know the circumstances of the case.

Conduct that a people's court has an error in a judgment or ruling that has already taken legal effect, and submits a request to the people's court or people's procuratorate to handle it in accordance with law and make corrections.

The second is non-litigation appeals, which refers to the behavior of citizens, enterprises, institutions, and other units that are dissatisfied with the handling, punishment, or disciplinary punishment of an administrative department due to their own legitimate rights and interests, and submit a request to the department or its superior organ for re-handling and correction.

In the case of litigation appeals, the complainant may ask a lawyer to provide assistance. In civil cases and economic cases, a lawyer may also be hired to act as a ** person to appeal on behalf of the complainant. For non-litigation complaints, if they are within the civil scope of economic contract disputes or injury compensation, which can be resolved by mediation and arbitration, the complainant may entrust a lawyer to serve as his or her first person in accordance with the provisions of the Lawyers Law and the Civil Procedure Law; For appeals on other issues, lawyers can only provide legal and policy opinions, but cannot accept the entrustment and serve as the first person.

Appeal refers to a litigation request submitted by the parties and their legally-designated persons to the original people's court and the people's court at a higher level for reprocessing of a judgment, ruling, or mediation that has already taken legal effect, and believes that there is indeed an error.

Enforcement of the original judgment or ruling is not suspended during the appeal period.

If it is found that the appeal is reasonable, the court president is to submit it to the adjudication committee for discussion and decision on whether to retry the case.

It is a legal supervision procedure, also known as a retrial procedure.

Legal analysis: 1. If a party is dissatisfied with the first-instance judgment of the local people's court, he or she has the right to appeal to the people's court at the next higher level within 15 days from the date of delivery of the judgment. 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.

2. The appeal shall be submitted to the complaint. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; the name of the original people's court, the case number, and the cause of action; Request and grounds for appeal. The appellate petition shall be submitted through the original people's court, and copies shall be submitted in accordance with the number of opposing parties or representatives.

Where parties directly appeal to the second-instance trial court, the second-instance trial court shall transfer the appeal petition to the original people's court within 5 days.

3. When the original people's court receives the appeal petition, 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. 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.

4. The second-instance people's court shall conduct a review of the facts related to the appeal request and the applicable law.

The second-instance people's court shall form a collegial panel for trial of appeal cases. After reading the case file and investigating, questioning the parties, and after the facts have been verified clearly, the collegial panel finds that it is not necessary to conduct a trial, it may also make a judgment or ruling. Second-instance people's courts hearing appeals may do so in that court, or may do so at the location of the original people's court where the case occurred.

Legal basis: Article 200 of the Civil Procedure Law of the People's Republic of China with four articles of review of the application and retrial court.

The people's court shall review it within 3 months of receiving the written application for retrial, and where the provisions of this Law are met, rule for retrial; Where the provisions of this Law are not complied with, the application shall be rejected by a ruling. Where there are special circumstances that require an extension, it is to be approved by the president of that court. Cases where a party applies for a ruling on retrial are to be heard by a people's court at the intermediate level or above, except where the parties choose to apply to the basic level people's court for retrial in accordance with article 199 of this Law.

In cases where the Supreme People's Court or High People's Court rules for retrial, that court is to retry the case or transfer it to another people's court for retrial, and it may also be transferred to the original people's court for retrial.