An appeal can be submitted to the presiding judge of the first-instance court within 15 days after the judgment of the first-instance court is received. According to the Civil Procedure Law of my country, civil cases are subject to the second-instance final hearing system, which means that the second trial is the end of the trial. .

Unless the case enters the retrial and retrial steps, there will be no so-called appeal. This involves a legal practice issue. Generally, the judgment also states where an appeal can be lodged within a few days. To file an appeal, you must write an appeal petition, stating the claims, facts and reasons.

Second-instance procedure for civil litigation:

1. Case filing

If the parties are dissatisfied with the judgment or ruling of the first-instance court, they shall appeal to the first-instance court or the superior people's court within the statutory time limit; The court of second instance shall review the appeal materials and files transferred by the court of first instance, and if the conditions are met, the case will be filed.

Exchange of evidence.

The appealed ruling or judgment will be decided directly by the court after review.

2. Hearing (the facts of the case are basically clear, and there is no need to hold a court hearing, but you must talk to both parties)

Notify the parties of the time, place, and person in charge of the court 3 days in advance; make it public Cases to be heard will be announced three days in advance and transferred to the trial court for hearing.

Announce the opening of the hearing, check the identities of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for recusal;

Court investigation: the parties state the facts of the case;

Evidence and cross-examination: Inform witnesses of their rights and obligations, testify, read out the testimonies of witnesses who are not present in court, and present documentary evidence, physical evidence and audio-visual materials; both parties express their opinions on the evidence materials;

Court debate: all parties present their opinions Argue and demonstrate disputed factual and legal issues;

Court mediation: Under the auspices of the court, both parties agree to resolve disputes;

The collegial panel makes a ruling through collegial discussion;

The original judgment shall be upheld, or the judgment may be changed, or the case may be remanded for a new trial.

The verdict is pronounced.

3. The parties shall voluntarily perform the obligations specified in the judgment document or apply to the court of first instance for enforcement; or submit written appeal materials to the court of second instance and apply for retrial.

If a mediation agreement is reached, the court should prepare a mediation letter, which will take effect after both parties sign it.

The appeal fees for civil cases need to be determined based on the nature of the case and the request for appeal.

According to Article 13 of the "Measures for the Payment of Litigation Fees", case acceptance fees shall be paid according to the following standards:

(1) In property cases, according to the amount or value of the litigation request, the case acceptance fees shall be paid according to the following standards: Proportional segmented cumulative payment:

1. For items not exceeding 10,000 yuan, 50 yuan will be paid for each item;

2. For items exceeding 10,000 yuan to 100,000 yuan, the payment shall be in accordance with 2.5 Payment;

3. The portion exceeding 100,000 yuan to 200,000 yuan shall be paid in accordance with 2;

4. The portion exceeding 200,000 yuan to 500,000 yuan shall be paid in accordance with 1.5;

5. The portion exceeding 500,000 yuan to 1 million yuan shall be paid according to 1;

6. The portion exceeding 1 million yuan to 2 million yuan shall be paid according to 0.9;

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7. The portion exceeding 2 million yuan to 5 million yuan shall be paid at the rate of 0.8;

8. The portion exceeding 5 million yuan to 10 million yuan shall be paid at the rate of 0.7;

9. The portion exceeding 10 million yuan to 20 million yuan shall be paid at the rate of 0.6;

10. The portion exceeding 20 million yuan shall be paid at the rate of 0.5.

(2) Non-property cases shall be paid according to the following standards:

1. Divorce cases shall be paid between 50 yuan and 300 yuan for each case. Involving property division, if the total property does not exceed 200,000 yuan, no additional payment will be made; for the portion exceeding 200,000 yuan, 0.5 will be paid.

2. For cases of infringement of name rights, title rights, portrait rights, reputation rights, honor rights and other personality rights, a fee of 100 yuan to 500 yuan will be paid for each case.

When it comes to damage compensation, if the amount of compensation does not exceed 50,000 yuan, no separate payment will be made; the part exceeding 50,000 yuan to 100,000 yuan shall be paid according to 1; the part exceeding 100,000 yuan shall be paid according to 0.5.

3. For other non-property cases, a fee of 50 yuan to 100 yuan is required for each case.

(3) In intellectual property civil cases, if there is no amount or value in dispute, 500 to 1,000 yuan will be paid for each case; if the amount or value is in dispute, the payment shall be in accordance with the standards for property cases.

(4) Each labor dispute case shall be paid 10 yuan.

(5) Administrative cases shall be paid according to the following standards:

1. 100 yuan for each trademark, patent, and maritime administrative case;

2. Other administrative cases The fee for each case is 50 yuan.

(6) If the party concerned raises an objection to the jurisdiction of the case and the objection is not established, a fee of 50 yuan to 100 yuan will be paid for each case.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate specific payment standards within the range specified in items (2), (3), and (6) of this article based on local actual conditions.

Article 14 Application fees shall be paid according to the following standards:

(1) Apply to the People’s Court for the enforcement of legally effective judgments, rulings, and mediation documents of the People’s Court in accordance with the law, arbitration institutions Awards and mediation documents made in accordance with the law, debt documents legally enforceable by the notary office, and applications for recognition and enforcement of foreign court judgments, rulings, and foreign arbitration institution awards must be paid in accordance with the following standards:

1. None If the execution amount or price is high, 50 yuan to 500 yuan will be paid for each item.

2. If the execution amount or price does not exceed 10,000 yuan, 50 yuan shall be paid for each item; the part exceeding 10,000 yuan to 500,000 yuan shall be paid according to 1.5; the part exceeding 500,000 yuan to 5 million yuan shall be paid The portion exceeding RMB 5 million to RMB 10 million shall be paid at the rate of 0.5; the portion exceeding RMB 10 million shall be paid at the rate of 0.1.

3. In compliance with the provisions of Paragraph 4 of Article 55 of the Civil Procedure Law, if the right holder who has not participated in registration files a lawsuit with the People's Court, he shall pay the application fee in accordance with the standards stipulated in this paragraph and no more case fees will be paid. Acceptance fee.

(2) Those who apply for preservation measures shall pay according to the following standards based on the actual amount of property preserved:

If the amount of property does not exceed 1,000 yuan or does not involve the amount of property, 30 yuan shall be paid for each piece of property. Yuan; the portion exceeding 1,000 Yuan to 100,000 Yuan shall be paid at the rate of 1; the portion exceeding 100,000 Yuan shall be paid at the rate of 0.5. However, the maximum fee paid by the party concerned when applying for preservation measures shall not exceed 5,000 yuan.

(3) If you apply for a payment order in accordance with the law, you must pay 1/3 of the standard property case acceptance fee.

(4) If you apply for public notice and reminder in accordance with the law, you must pay 100 yuan for each application.

(5) If you apply to revoke an arbitration award or confirm the validity of an arbitration agreement, you must pay 400 yuan for each application.

(6) Bankruptcy cases are calculated based on the total amount of bankruptcy property, and the property case acceptance fee is paid at half the standard, but the maximum does not exceed 300,000 yuan.

(7) The application fee for maritime cases shall be paid according to the following standards:

1. To apply for the establishment of a maritime liability limitation fund, the fee is 1,000 yuan to 10,000 yuan for each case;

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2. If you apply for a maritime injunction, you must pay 1,000 yuan to 5,000 yuan for each case;

3. If you apply for a ship lien claim, you must pay 1,000 yuan to 5,000 yuan for each case;

4. If you apply for registration of maritime claims, you must pay 1,000 yuan for each case;

5. If you apply for *** and general average adjustment, you must pay 1,000 yuan for each case.

Article 17: If an appeal is filed against a property case, the case acceptance fee shall be paid according to the amount of the appeal request against the first-instance judgment.

Extended information:

The second-instance procedure refers to the procedure in which the parties to a civil lawsuit are dissatisfied with the first-instance judgment of the first-instance court that has not taken effect and appeals to the higher-level people's court within the statutory period. The litigation procedures arising from the filing of an appeal are the procedures applicable to the people's courts at the second instance level when hearing appeal cases.

Concept

The second-instance procedure, also known as the appeal procedure, is the second-instance People’s Court, based on the appeal of the appellant or the protest of the People’s Procuratorate, regarding matters that have not yet occurred in the first-instance People’s Court. The steps, methods, and methods that should be followed when conducting a trial to determine the facts and applicable laws in a legally effective judgment or ruling. It is an independent litigation stage in criminal proceedings.

Methods of appeal

An appeal can be made by petition or orally. According to Article 184 of the Criminal Procedure Law, the appellant’s appeal may be filed through the People’s Court of original instance or directly to the People’s Court of second instance.

Protest Methods

Article 185 of the "Criminal Procedure Law" stipulates that when the local people's procuratorates at all levels believe that the first-instance judgment or ruling of the people's court at the same level is indeed erroneous and decide to protest , a letter of protest must be made.

The protest should be submitted through the original People’s Court, and a copy should also be sent to the People’s Procuratorate at the next higher level. After receiving the protest, the original court shall transfer the protest together with the case files and evidence to the people's court at the next higher level, and send a copy of the protest to the parties concerned. The People's Procuratorate at the higher level will decide whether to protest after careful review.

Trial method

Article 187, paragraph 1, of the "Criminal Procedure Law" stipulates that for appeal cases, the people's court of second instance shall form a collegial panel and hold a hearing. After reviewing the files, interrogating the defendant, and hearing the opinions of other parties, defenders, and agents ad litem, the collegial panel may not hold a trial if the facts are clear. For cases protested by the People's Procuratorate, the People's Court of second instance shall hold a hearing.

Principle of comprehensive trial

Article 222 of the "Criminal Procedure Law" stipulates: The people's court of second instance shall conduct a comprehensive trial on the facts identified in the first-instance judgment and the applicable law

The second instance procedure is not limited by the scope of appeal or protest. ***If only some defendants in a case involving the same crime appeal, the entire case shall be reviewed and handled together.

Principles of second-instance handling

According to Articles 189 to 191 of the Criminal Procedure Law, the second-instance court shall hear appeals and protests against the first-instance judgment. , should be dealt with separately according to the preceding circumstances:

1. If the facts found in the original judgment are correct, the evidence is reliable and sufficient, the law is applied correctly, and the sentence is appropriate, the appeal or protest shall be dismissed and the original judgment shall be upheld.

2. If the original judgment has no error in ascertaining the facts, but there is an error in the application of the law or the sentence is inappropriate, the court of second instance shall revoke the original judgment, make a new judgment, and state the basis and reasons for the change in the judgment.

3. If the facts in the original judgment are unclear or the evidence is insufficient, the second-instance court can change the judgment after ascertaining the facts, or it can rule to revoke the original judgment and send it back to the original court for a new trial.

4. If the first-instance court is found to have violated any of the following legal procedures, it shall rule to revoke the original judgment and remand the case to the original People's Court for a new trial:

(1) Violation of the law Provisions on public trials.

(2) Violating the avoidance system.

(3) Deprive or limit the legal litigation rights of the parties.

(4) The composition of the trial organization is illegal.

(5) Other litigation procedures that violate legal provisions and may affect a fair trial.

Principle of no additional penalty on appeal

my country's principle of no additional penalty on appeal means that the second-instance people's court hears cases where the defendant appeals and shall not increase the defendant's penalty for any reason. a judicial principle. Paragraph 1 of Article 190 of the "Criminal Procedure Law" stipulates: "The second-instance people's court shall not increase the defendant's penalty when trying a case where the defendant or his legal representative, defender, or close relative appeals."

Reference materials: People's Congress website - Civil Procedure Law of the People's Republic of China

Reference materials: People's Government website - "Measures for the payment of litigation fees"