Second-instance civil litigation Guide

First, the parties are entitled to right of action »

1, Representative Is Appointed;
2, to collect evidence;
3, for evading;
4, to give up, change and recognition to refute claim;
5, the debate;
6, requested mediation;
7, to reconciliation;
8, in the courts within the provisions of the inspection, copying the case materials and legal instruments;
9, the application for enforcement.

Second, the parties undertake obligations which the proceedings »

1, in accordance with the law to exercise right of action;
2, comply with the order of proceedings;
3, proposed the idea of their responsibility in the period to provide evidence of proof;
4, take the initiative to carry out a legal judgement, award, and the decision of the mediation;
5, cases handled in accordance with the regulations to pay the cost of litigation fees.

Third, the appeal period, the number of «

The parties refused to accept the District Court of first instance judgement, the right to the date of the judgement delivered on the 15th to bring on a people's court of appeal. The parties refused to accept the District Court ruled the first instance, the right to award on the date of service on the 10th to bring on a people's court of appeal.

Fourth, the indictment should include what »

1, the names of the parties, the corporate name and legal representative of the names or the names of other organizations and is mainly responsible for the name and address, Zip code and telephone links;
2, the names of the people's court trial, the case number and cause of action;
3, the appeal of the specific requests and the reasons.

5, on how to submit their pleadings »

The parties should put the people's court through the trial on the pleadings, and in accordance with the other party or by proxy the number of copies can also be directly Xiangben Yuan to appeal.

6, pay overdue appeal cases accepted for how to handle »

Appellant received the people's courts in Precrosslinked litigation costs within seven days after the notice, neither paid nor to ease, reduce, pay legal fees for second-instance court ruling will be made by the appellant handled automatically withdraw the appeal. The first-instance judgement or ruling that is in effect.

7, how to submit evidence »

1, the appellant with the appeal should be provided with relevant evidence. There are seven types of evidence:
(1) of the permit;
(2) physical evidence;
(3) audio-visual materials;
(4) the testimony of witnesses;
(5) the parties to the statement made by the Court;
(6) Identification of conclusions;
(7) (g) The examination transcripts.
Evidence must specify the source of evidence, the names and addresses of witnesses; documentary evidence should be submitted to the original, raw material evidence should be submitted; supplies to the original or indeed difficult, can submit a copy, photos, a copy of excerpts from this, subject to Original check with the court after a no-objection to be marked; submitted the instruments permits must be accompanied with a Chinese translation; submit audio-visual information must be true.
2, the parties in the second trial procedures in the provision of new evidence, in the second trial should be held before or when the trial; second instance do not need the trial, in the people's courts should be made within a specified period.
The burden of proof in the party after the expiration of the evidence provided does not belong to the Supreme People's Court "on a number of provisions of the Civil evidence" provided for in Article 41 of the "new evidence" of the people's courts against it.

8, how to reply »

Logo copy of the receipt of the complaint within 15 days from the date of the pleadings made. The contents of the pleadings, the complaint must be made to the facts and reasons for, seize the key to reply and rebuttal.

9, the second-instance court of appeal cases to trial »

1, the appeal of the relevant facts and applicable law, it should be composed of the full court hearing. After scoring, investigation, asked the parties, in fact check, that does not need to sit on the trial, the difference can also visit rulings and verdicts.
2, hear appeals cases in the hospital, can also go to the case to the seat of a people's court or the trial.
3, after trial, according to the following cases were dealt with:
(1) the original judgement that facts are clear, correct application of the law, the judgement rejecting the appeal and upholding the original judgement;
(2) The application of the law wrong judgement, in accordance with the law revision;
(3) the original determination that the facts wrong, or the fact that the original judgement unclear, the lack of evidence, ruled revoke the original judgement, the trial back to the people's court retrial, or find out the facts after the revision;
(4) the original judgement of breach of statutory procedures, the case could affect the correct decision, ruling revoked the original judgement, the trial back to the people's court retrial. (Parties to review the judgement of the case, ruled that the appeal can).
4, hear appeals cases, mediation. Mediation to reach an agreement, the mediation should be produced by the judges, clerks signed, and with the people's court seal. After the mediation service, the judgement of the people's court trial is deemed withdrawn.

10, the legal effect of the summons »

The parties and their legal representatives, the legal representative of the summons should be used to summon their presence.
Appellant summoned by subpoena, unjustified refusal to present in court, or halfway Tuiting without the permission of the court, the second-instance court ruled according to withdraw the appeal; logo summoned by subpoena, unjustified refusal to present in court, or not Tuiting the middle of the court's permission, can the absence of second-instance court ruling.

11, and under what circumstances can apply for evading »

l, judicial personnel is one of the following situations should be avoided on its own, the parties and their legal representatives have the right to ask them to avoid:
(1) is the case with the party or parties to have an immediate blood relations, within three generations of collateral blood and affinity;
(2) himself or herself or their close relatives and interested in this case;
(3) as a case of witnesses, experts, (g) The examination, counsel and litigation agents;
(4) and the proceedings in this case agents, defenders are husband and wife, parents, children or brothers and sisters in relations between the compatriots;
(5) I and between the parties in this case there are other stakeholders, may affect the impartial handling of cases.
2, the judiciary is one of the following cases, the parties and their legal representatives have the right to evade the requirements, but should provide relevant evidence:
(1) without approval, private meeting with one of the parties and their agents in this case, the counsel;
(2) the parties to the case recommended to introduce an agent, counsel, or for lawyers and other personnel handling the case;
(3) the parties to accept the case and the person entrusted property and other interests, or require the parties to the commission and its people reimbursable expenses;
(4) and accepted by the parties in this case the dinner, or pay the fees to participate in its activities;
(5) and commissioned by the parties to the case of borrowing, borrowing transport, communication tools or other items, or accept the commission and the parties in the purchase of goods, improvement of housing and other areas to the benefits of.
The trial over the alleged requirement is that our hospital staff president, vice president of the Trial Committee, the President, the Vice-President, the judiciary, assistant judge.
Clerks, translators, judicial identification of personnel, (g) The examination staff evading the question, in the light of trial personnel evade the implementation of the relevant content.

12, avoiding what are the system requirements »

l, where the trial proceedings in a case in trial work involved in the trial, the case shall not participate in the trial of other procedures;
2, judges and other court staff in the outgoing 2002, as an agent or counsel of the litigation, the people's court is not permitted; judges and other court staff retiring after 2002, serving as the original court proceedings in Acting People or counsel, the other party that may affect a fair trial and to challenge the people's courts should support, not to allow hospital staff for outgoing agents or litigation counsel. But as the parties are near relatives or guardians agents to defend the proceedings or otherwise.
3, the trial court officers and other staff of the spouse, children or parents, as the trial court officers and other staff of the court proceedings in an agent or counsel of the people's courts is not permitted.
Other provisions of the court over alleged that hospital staff are engaged in trial work outside all the staff.

13, and when to apply evade »

Parties to evade the application should be justified in the case before the trial began; avoided the subject in the case that after the trial began, the court can also put forward before the end of the debate.

14, to prevent acts of civil enforcement measures What are the main »

l, people's courts must be present in court on the logo, the two subpoenas summoning, unjustified refusal to present in court, can Juchuan.
2, the people's courts for violations of the rules of court and other people involved in litigation, can be admonished, and ordered to withdraw from the court or be fined, detained.
3, Hongnao People's Court, the impact of the court, insults, defamation, threats, assault trial, seriously disrupting the order of the court, shall be held criminally accountable, less serious, be fined, detained.
4, participated in the proceedings, or other people who have one of the following acts, the people's court may be under the circumstances severity of fines, detention, which constitute a crime, shall be held criminally accountable.
(1) forgery, destruction of important evidence and hinder the people's court hearing the case;
(2) the use of violence, threats, Huimai way to prevent witnesses or instructions, Hui Mai, the stress of perjury;
(3) hide, transfer, sale, damage has been quarantined, seizure of property, or have been counted and ordered to the custody of property, transfer of the property has been frozen;
(4) the judicial staff, participated in the proceedings, witnesses, translators, experts, (g) The examination, to help holders, insulting and slandering, framed, assault or retaliation;
(5) the use of violence, threats or other means impeding the administration of justice officers in the execution of their duties;
(6) refused to fulfil the people's courts have taken place legally binding rulings and verdicts.


15, the deadline for appeals and how the provisions »

l, heard the verdict of the appeal case, it should be in Dier Shen file within three months from the date of the conclusion, the need to extend the special circumstances, the President approved by the hospital.
2, before ruling on the appeal case, it should be in Dier Shen file within 30 days from the date of Final Appeal ruling made.