This is a lawsuit, 5 legal relief process, committed to the rights of the parties should bear in mind

2022-06-11 0 By

1, the first instance: the first instance, the most important to the original defendant, compared to the plaintiff than the defendant is also important.The first instance is for the plaintiff’s claim hearing, the trial is the most detailed, facts, evidence, laws, procedures and court hearing are not simplified.Step by step, step by step, long time.It usually takes six to 12 months from prosecution to adjudication.If it involves jurisdiction objection, evidence supplement, etc., the time will be longer.2, the second instance: the first instance of the winning party, the first instance of the losing party, or even the first instance did not bear the responsibility of the party (such as the third party), can appeal to the higher court after the first instance of the judgment.There are 10 days to appeal a ruling and 15 days to appeal a sentence.Appeal is not satisfied with the result of the first trial, you can appeal.If one party appeals, a second trial must be initiated, so it is called the second final trial.The second instance is for the appellant’s appeal request to hear, the appeal request, in essence is a part of the first instance of the request, can not exceed the scope of the first instance of the request.The trial of the second trial is mainly court investigation, the time is relatively short, if there is no new evidence, it is likely to maintain.Within three months from the appeal to the judgment of the second instance, which is relatively fast.3, the application for retrial of the losing party of the second instance, still refuses to accept (or the losing party of the first instance refuses to accept, but no one has appealed), can apply for retrial to the court of the second instance at the next higher level within 6 months after the judgment of the second instance (the first instance) takes effect.The court will review the case for at least three months and decide whether to approve or reject the retrial application.If it passes, it starts a retrial, and the case almost goes back to square one.4. Appeal to the Procuratorate Only when the application for retrial is rejected, can it apply for appeal to the procuratorate (i.e. the procuratorate at the same level where the effective judgment is made), which is also called application for supervision of the procuratorate. Both are essentially the same meaning, that is, the applicant for retrial hopes the procuratorate to intervene in the case and identify the case as YJCA.The prosecutor s office then appealed to the court (the court where the ruling took effect), requesting a retrial.Application protest, the procuratorate will basically review within 3 months, and then give a written document, that is, successfully start protest or rejected protest application.If the appeal is successfully initiated, the court will order a retrial within 30 days, and the retrial will be formally initiated upon completion of the ruling.Even if the appeal is successful, it just starts the retrial, not to say that the appeal is successful, you will turn over, but the probability is particularly large.5, appeal in the first 4 all exhausted, or no second instance, or no application for retrial, still want to continue, that can only start the final appeal, this appeal, is the X law gives citizens the right to appeal.If the highest level of your previous court that upheld the ruling, or rejected the retrial application, is the intermediate court, then you appeal to the higher court;Appeal to the Supreme Court if the highest level of your previous court that upheld the ruling, or rejected the retrial petition, was the Supreme Court.There is no law on how long it takes to review an appeal.(There is only one high court in each provincial capital;The Supreme Court is in Beijing, just one