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How to write a notice of rejection of appeal
The notice of rejection of appeal is an informal legal document made by the people's court in response to the complainant's appeal. After examination, it is considered that the original judgment is correct and the appeal is unreasonable. It is an important embodiment of the results of appeal review and the basis for judging the quality of review. Although it is different from the court's conciliation statement and judgment, it is also the static reflection and final carrier of the people's court's litigation activities, and should reflect the formation process of the court's reply to the appeal review case. By presenting facts and reasoning, the reasons for rejecting the appeal are fully expounded, so that the parties can stay in court and obey the judgment, thus reflecting the openness, fairness and legality of the review work. Writing a notice of rejection of appeal is very important for reducing unstable factors, maintaining social stability and establishing legal dignity. In practice, due to various historical and practical reasons, there is still a big gap between the quality of the Notice of Rejection of Appeal and its own inherent requirements and people's hopes, and there are some outstanding problems: First, the summary of the reasons for the parties' complaints is too simple and abstract, which can not accurately and comprehensively reflect the appeal request, resulting in the notice being biased; Second, the reasoning is not sufficient. There must be reasons for refusal, and the reasons for refusal are an indispensable part of the notice, and some notices are unconvincing; Third, the content is out of touch and the logic is poor. Many notices only state facts and list evidence, and the application of law is simple and additive, which does not reflect the logical relationship between evidence, facts and law, lacks the argument between evidence and facts, and lacks the legal analysis between facts and the application of law; Fourth, the audit process is not explained. If a hearing was held during the review, what evidence was provided by both parties and what evidence was proved by the collegial panel; It does not fully reflect the whole picture of the review. If the notice of rejection of appeal does not demonstrate, reason and reflect the process of proof, cross-examination and authentication at the court session, the parties will not understand why the original judgment is upheld, why the appeal is unreasonable and what is the basis for such rejection. This will not only make the parties doubt the fairness and legality of the rejection result, but also become a new reason for the parties to appeal again, constantly petitioning for litigation, disrupting the trial order and wasting trial resources. First, closely follow the reasons for the complaint and highlight the pertinence of the notice. The so-called "close to the reasons for complaints" means to objectively and completely summarize the reasons for complaints, not to omit or tamper with them, to highlight key points, to pave the way for explaining the reasons for rejection, and not to copy the contents of complaints. A comprehensive summary should be made in combination with the complaint and the statements and arguments made by the complainant at the hearing. The so-called pertinence, that is, the review of appeal cases, generally only reviews the facts of the case involved in the reasons for appeal, that is, grasps the facts and legal issues of the parties' complaints. If a party fails to make a request, it will generally not be reviewed, so as not to mention irrelevant facts, evidence and reasons, and relevant facts, evidence and reasons should be detailed and appropriate. If a case refuses to accept the original judgment, it shall be in accordance with the provisions of Article 179th of the Civil Procedure Law. There is no new evidence or although there is new evidence, it is not enough to overturn the original judgment or ruling. If an appeal is filed against the legally effective mediation document, it shall be firmly grasped whether the complainant has sufficient evidence to prove that mediation violates the principle of voluntariness or the contents of the mediation agreement violate the law, otherwise, the appeal shall be rejected by notice. In short, we should state the basic facts of the case closely around the reasons for the parties' appeal, focus on the evidence analysis and identification of the disputed facts, and correctly explain the reasons for rejecting the appeal. Second, fully demonstrate and reason, and strengthen the rationality of the notice. Reasoning is reasoning, and an unreasonable ruling cannot be accepted as a ruling. Unreasonable rulings can't convince people. Reasoning is also the core content of the whole notice and the weak link in making the notice. It is the judge's explanation and explanation of why the client's appeal request about him was rejected. We should focus on clarifying the legal basis why the complainant's appeal has not been adopted, and it must be focused, clear, comprehensive, clear, legal and logical. To explain the reasons for rejecting the appeal, all the appeals of the parties must be analyzed and evaluated, and they will take pains to answer them. We can't refuse to refute on the grounds that the reasons and opinions of the parties are absurd. Don't avoid talking because the opinions of the parties are specious and difficult to analyze and explain, and don't be afraid to talk too much and don't involve some sensitive and thorny issues. We should pay attention to the method of combining evidence analysis with fact finding, and explain the reasons for rejection according to the content of finalized evidence, so as to overcome the judge's own analysis and judgment to the maximum extent and avoid subjective judgment. In addition, the reasoning should also be clearly written, and the reasons for the complaint are based on what laws, and how many clauses, items and contents cannot be established. Don't just write the name of the law without writing the specific content, otherwise the parties will still be confused after receiving the notice, and directly quoting the legal provisions will make the parties realize the reasons why the law cannot be established. If the original trial is fair but the parties have a knot in their hearts, they should do more articles on further reasoning from the perspective of changing reasoning, and should be aimed at different complainants. Third, objectively reflect the process of examination form and improve the openness of notice. Judicial justice, including substantive justice and procedural justice, should reflect the realization process of judicial justice, that is, in addition to strengthening reasoning and publicly telling the parties and the public why they rejected the complaint, it should also reflect the formation process of rejecting the complaint and tell the parties and the public court how to respond fairly and legally, so that the parties can have an intuitive impression of the correctness of the case according to the notice, which reflects the calm attitude of the people's court in seeking truth from facts and handling cases fairly according to law. Specifically, it includes: the judgment and conciliation statement that came into effect in what year, month and day and under what circumstances. Who is the complainant, what evidence was provided by both parties during the complaint period, whether a hearing was held, whether new evidence was provided during the complaint period, and the relevant information of normative documents involved in the process of giving evidence, cross-examination, authentication and reasoning at the hearing. In short, writing a notice of rejection of appeal should not only be clearly stated, thoroughly reasoned and clear in every sentence, as required by general legal documents; In addition to strictly following the Supreme People's Court's Style of Court Litigation Documents (Trial), we should also refute the cause of action of the parties. The narrative of facts should be concisely summarized around the facts identified in the original judgment, and explain the reasons why the complainant's complaint cannot be established. We can't generally say that the appeal can't be established, we can't avoid the complainant's reasons, and we can't use the facts that were not recognized in the original judgment as the reasons for rejecting the appeal. In guiding ideology, we should not shirk our responsibilities, oppress others with power, and deny the complainant's opinions with empty words. It is necessary to take facts as the basis, take the law as the criterion, and reason according to law, so that those who intend to entangle the lawsuit can find no loopholes to drill and maintain the seriousness of the law.