In our real life, we may have a certain understanding of the statutory appeal period, but the appeal period in our country is different from that in the judgment, which reflects the difference between the judgment and the judgment. There are indeed many ordinary people who are not sure about the difference between the two and want to know. What's the difference between the first-instance judgment and the first-instance ruling?
1. What's the difference between the first-instance judgment and the first-instance ruling?
There are four main differences:
1, the judgment solved the substantive problems of the case; The purpose of adjudication is to solve procedural matters in litigation;
2. Decisions occur at all stages of litigation, and a case may have multiple decisions; Make a judgment at the end of the trial;
3. The award can be written or oral; The judgment can only be in writing;
4. Except for inadmissibility, jurisdictional objection and dismissal of prosecution decision, all other decisions shall not be appealed; The judgment of first instance can be appealed.
Appeals must be filed within the statutory time limit. The appeal period of the judgment is 15 days from the date of service, the appeal period of the ruling is 10 days from the date of service, and the appeal period of the ruling on the establishment of a limitation fund for maritime claims is only 7 days. This period shall be counted from the second day after the receipt of the written judgment or ruling. If the parties receive the written judgment or ruling on different dates, the appeal period shall be counted from the day after receiving the written judgment or ruling. The last day after the expiration of the period is a legal holiday, and the day after the expiration of the period is the first working day after the legal holiday.
If both parties fail to file an appeal within the statutory time limit, the judgment of first instance will take legal effect, and it will not take effect as long as one party files an appeal during the appeal period.
If you are dissatisfied with the judgment of the first instance, decide to appeal. Then whether the other party appeals or not, they must appeal. If you think the other party has appealed, I don't need to appeal. Anyway, I must hold another trial. I can only tell the judge the opinion of the first-instance judgment in court, then you are wrong. Because the Civil Procedure Law clearly stipulates that if the appellee requests to change the contents of the judgment of the first instance in the second instance, the people's court of the second instance may not review it. In other words, as long as you don't file an appeal, the court will regard you as agreeing to the original judgment, and the second instance can ignore your claim. Therefore, no matter whether the other party appeals or not, as long as he never agrees to hold a court session and asks the court of second instance to change his sentence, he should appeal.
Appeal. You have to write an appeal first. If you hire a lawyer, the appeal can be written by a lawyer for you; If you don't hire a lawyer, you can write it yourself. Please note when writing an appeal:
1. In the appeal request, the whole case should be fully described first, and then the judgment of the original trial should be stated, indicating whether the judgment of the original trial is totally or partially dissatisfied. Finally, it is clear whether the specific litigation request is to revoke the original judgment, completely change the original judgment or partially change the original judgment.
2. The appeal reason is mainly for the referee in the original trial, not for the other party. The main reasons for refusing to accept the original judgment or ruling are:
(1) The facts are unclear and the main evidence is insufficient;
(2) The nature of the original trial was improper;
(3) Improper application of substantive law;
(4) violation of legal procedures.
An appeal against the judgment or ruling of the court of first instance shall be filed through the people's court that originally tried the case, and a copy of the appeal shall be submitted according to the number of the opposing parties.
Appeals should be charged an appeal fee. You must pay the legal fees at the designated bank within 7 days from the day after submitting the appeal according to the notice of payment given to you in the first instance. If it is really difficult to pay the fees, you may apply for deferment, reduction or exemption. Failing to pay the litigation fees within the time limit. If the court fails to apply for deferment, reduction or exemption of payment, or fails to pay the legal fees without the approval of the court, the court will dismiss the lawsuit.
Second, the process of the court hearing the case
Citizens may bring a civil lawsuit to the people's court in accordance with the law because of marriage and family disputes, or the legitimate rights and interests of citizens, legal persons and other organizations are infringed, or there is a property right dispute with others.
Citizens, legal persons or other organizations that refuse to accept the following specific administrative acts may bring an administrative lawsuit to the people's court according to law:
(1) Refusing to accept administrative punishments such as detention, fines, revocation of permits and licenses, order to stop production and business, confiscation of property, etc. ;
(2) Refusing to accept administrative compulsory measures such as restricting personal freedom or sealing up, distraining or freezing property;
(three) that the administrative organ has violated the right of independent management as stipulated by law;
(four) the administrative organ refuses to issue or reply to the license application and the license issued by the administrative organ that meet the statutory conditions;
(five) the application for administrative organs to perform the statutory duties of protecting personal rights and property rights, and the administrative organs refuse to perform or refuse to reply;
(six) that the administrative organ fails to issue pensions according to law;
(seven) that the administrative organ illegally requires it to perform its obligations;
First of all, I can tell you clearly that the contents of the judgment and the ruling are different. The judgment mainly focuses on the procedure, while the judgment focuses on the entity. Secondly, they occur at different stages.