1. The subjects of appeal and protest are different. Subject, criminal defendant, private prosecutor and their legal representatives who have the right of appeal have independent and complete right of appeal; Defenders and close relatives of the defendant, with the consent of the defendant, still have the right to appeal to the defendant; The parties to incidental civil litigation and their legal representatives enjoy a complete and independent right of appeal in incidental civil litigation; The victim has no right of appeal, but has the right to request the people's procuratorate to lodge a protest. However, the victim can only request to protest against the judgment of the first instance, but not against the ruling. Subjects who have the right to protest in the second instance: the subjects who have the right to protest in the second instance are limited to local people's procuratorates at all levels, and the Supreme People's Procuratorate cannot protest against the Supreme People's Procuratorate's judgment and ruling in the first instance according to the procedure of the second instance;

2. The reasons for appeal and protest are different. You don't need any reason to appeal, and you can appeal if you don't accept it. The protest must be that the people's procuratorate believes that the original judgment is indeed wrong;

3. Appeal and protest are put forward in different ways. The way of complaint can be written or oral. The way of protest cannot be oral, and a protest should be submitted;

There are different ways to appeal and protest. Appeal: You can appeal to the people's court of first instance or directly to the people's court of second instance. Mode of protest: if a protest is filed, it shall be lodged through the people's court that originally tried the case and copied to the procuratorate at the next higher level, and it shall not be lodged directly with the court of second instance;

5. The legal consequences of appeal and protest are different. There is no additional punishment on appeal in criminal cases, that is, there will be no additional punishment on appeal, but the procuratorial organ's protest is not limited by this principle;

6. Appeals and protests are filed at different times. The judgment of first instance has not come into effect, and an appeal can only be filed within the appeal period; The protest of procuratorial organs can be divided into the second instance protest and the retrial protest. The protest of second instance can only be made during the protest period, and the protest of retrial can be made at any time after the judgment takes effect.

Legal basis: Article 2 16 of the Civil Procedure Law of People's Republic of China (PRC).

Under any of the following circumstances, the parties may apply to the people's procuratorate for procuratorial suggestions or protests:

(a) the people's court rejected the application for retrial;

(two) the people's court fails to make a ruling on the retrial application within the time limit;

(3) There are obvious errors in the retrial judgment or ruling.

The people's procuratorate shall, within three months, examine the application of the parties concerned and make a decision on whether to put forward procuratorial suggestions or protest. The parties may not apply to the people's procuratorate for procuratorial suggestions or protests again.