25 Jul 2008

After several lawsuits up to a level the court will come to the end of the trial

China's legal system provides a second trial of Final Appeal. The so-called second-instance system of Final Appeal, no matter what the case is up to the two people's court will come to the end of the treatment, the lawsuit can not continue to suppress. Local people's courts at any level have not yet tried a case before trial, the trial process is called the first instance.





The Court of First Instance of the first trial or convicted of, not immediate legal effect of the judgement or ruling (not allowed to appeal the ruling, except). Parties against first instance decision, ruled that the higher people's courts can appeal the higher court requesting a new trial to correct the people's court judgement or convicted of first instance in the wrong. People's Procuratorate, made his indictment for the case that the first instance by the People's Court made a wrong judgement or ruling, the higher people's courts can also be prosecuted for a retrial, correct its mistakes. The people's court of first instance on the court, according to the parties or the public prosecution appeal or appeal, the trial has been the case re-tried, re-judgement, the trial process is called Dier Shen. Dier Shen law is intended to help Dier Shen, the first instance found and corrected the error, there would still be subject to Dier Shen rulings and verdicts against, but Dier Shen made by the people's court judgement or ruling, the final decisions and rulings , Here, on the handling of the case concluded, the parties can not appeal to the higher court, requesting a retrial. If the parties to Dier Shen made by the court's decision, ruled against, the only complaints can not be appealed. Dier Shen appeal does not affect the judgement or ruling the force of law. Is to be noted that after a maximum of two cases the court will come to the end of the treatment, is not to say that each case must go through two court before the end of the treatment. Parties to the people's court of first instance judgement, ruled that whether or not satisfied with the appeal period not to appeal, criminal cases in the People's Procuratorate have not filed appeals, the deadline for industry, judgement, ruling on a legal effect, so as not Dier Shen recurrence of the problem. In addition, in some cases the parties in court has ordered the mediation agreement, if the parties accept the mediation of the people's courts, mediation of the immediate effect and will not happen again Dier Shen problems

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