What are the statutory provisions on the procedures of the Intermediate People s Court for the first

Updated on society 2024-08-05
4 answers
  1. Anonymous users2024-02-15

    Civil proceedings can only be filed with an appeal petition in the court of first instance and an appeal fee is payable.

  2. Anonymous users2024-02-14

    The name of the party, if the party is a legal person or other organization, indicate its full name, the name and position of the legal representative or principal responsible person; the name of the court of first instance (i.e., the court of first instance), the number of the case and the cause of action; The request and grounds for the appeal, the request for the appeal is the purpose of the appellant's appeal, and the grounds for the appeal are the appellant's comprehensive statement to the appellate court of the court of first instance on the objections to the determination of facts and the application of law. When the appellant files his appeal, he or she shall also submit a copy of the appeal according to the number of opposing parties. 2. Submit the appeal reply to the undertaker of the court of first instance, and submit a copy of the appeal petition according to the number of opposing parties.

    3. The appeal fee shall be excited. You must pay the legal costs at the designated bank within 7 days from the day after filing the appeal brief. If there is really difficulty in paying the fee, you can apply for a deferral, reduction or exemption.

    Failure to pay the legal costs within the time limit. If there is no application for deferral, reduction or exemption, or if the application is not approved by the court, the court will handle the appeal as withdrawing the appeal.

    Legal basis: Article 164 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.

  3. Anonymous users2024-02-13

    The analysis of the above issues is as follows: Hello, the Supreme Court's judicial interpretation on the "statute of limitations" is as follows: Article 188 The statute of limitations period for requesting protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions.

    The statute of limitations period is calculated from the date on which the right holder knows or should have known that the right has been infringed and the obligor asks for it. Where the law provides otherwise, follow those provisions. However, where 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 decide to extend the extension on the basis of the right holder's application.

  4. Anonymous users2024-02-12

    1. According to article 134 of China's "Criminal Procedure Law", the second-instance people's court shall form a collegial panel for the trial of an appellate case. Where the collegial panel reads the case file, interrogates the defendant, hears the opinions of other parties, defenders, and litigants, and the facts are clear, it may not try the case. In cases where the people's procuratorate raises a prosecutorial counter-appeal, the second-instance trial court shall try it.

    Second-instance people's courts** hearing appeals or prosecutorial counter-appeals may do so at the location of the case or the original people's court.

    2. In addition, according to Article 169 of the Civil Procedure Law of the People's Republic of China, the people's court of second instance shall form a collegial panel for the 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.

    It can be seen from this that both civil and criminal proceedings. The ordinary procedures shall be applied in both second instances.

    1. How the people's courts hear appeal cases.

    The Civil Procedure Law stipulates that the second-instance people's court shall apply the ordinary procedures of the first-instance trial in hearing an appeal case, except in accordance with the provisions of this Chapter. Therefore, the trial procedures of the second-instance people's court for appeals are basically the same as those for first-instance cases. The main difference is:

    1.The claims examined are different from those of the first instance. The Civil Procedure Law stipulates that the people's court of second instance shall review the relevant facts and applicable law of the appeal request.

    According to this provision, when hearing an appeal case, the people's court of second instance does not necessarily have to conduct a comprehensive review of the litigation claims of the parties in the original case, but may only focus on the relevant facts of the appeal request, that is, the original judgment submitted against the appellant. Some of the facts of the case that need to be revoked or modified in the ruling, as well as whether the civil rights asserted by the appellant in the appeal have a factual basis, shall be reviewed. At the same time, a comprehensive review is conducted on whether the original judgment or ruling is correct in the application of law.

    2.Some appeals may not be heard, while the first instance must be heard in their entirety. The Civil Procedure Law stipulates that the people's court of second instance shall form a collegial panel to hear an appeal case.

    After reading the case file and investigating, questioning the parties, and after the facts have been verified clearly, if the collegial panel finds that it is not necessary to conduct a trial, it may also make a judgment or ruling. This provision clarifies that it is a principle for the people's court of second instance to hear an appeal case, and it is an exception that can not be heard. For cases that do not need to be tried, the parties still have to be questioned, and only when the facts are clearly verified, can they not be tried.

    3.The provisions of the ordinary procedures of the first-instance trial may be applied in the application of the second-instance trial procedures in the trial of appeals, but the provisions of the simplified procedures cannot be applied.

    4.The application of the second-instance trial procedures to hear an appeal case must be conducted by a collegial panel in its entirety, and even in cases where the facts are clearly verified and can not be tried, a collegial panel must be formed for trial, and the provisions of the first-instance trial procedures that simple civil cases may be tried by a single judge are not applicable.

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