Divorce appeal is called divorce appeal if the litigant refuses to accept the civil judgment or ruling of first instance of local people's courts at all levels and appeals to the people's court at the next higher level according to legal procedures and time limit. The function of divorce appeal is mainly to protect the legitimate rights and interests of the losing party in the first instance divorce case, prevent the occurrence of misjudged cases and ensure the quality of trial.
The divorce appeal has the following characteristics: (1) it must be filed by the litigants and their legal representatives, and no one else has the right to file it; (2) Refusing to accept the judgment of first instance of local people's courts at all levels; (three) the appeal must be filed with the people's court at the next higher level that made the judgment of first instance in accordance with legal procedures and time limit.
(1) Title 1, Title: Writing "Civil Appeal". 2. Party column: List their basic information in turn: appellant and appellee. The enumeration method is as follows: (1) If the appellant and the appellee are citizens, the writing method is as follows: first list the appellant's name, gender, age, nationality, native place, occupation or position, work unit or address. If the appellant has a legal agent or an entrusted agent, immediately write another line: the name, gender, age, nationality, occupation or position, work unit or address of the legal (or entrusted) agent, and the relationship with the appellant. If the agent is a lawyer, only the name and position are listed. After the appellant finishes writing, list the appellee's name, gender, age, native place, occupation or position, unit or address. According to the needs of the case, the relationship between him and the appellant is listed.
(2) Appeal request
Explain the specific purpose of the request, whether to revoke the original judgment, completely change the decision of the original judgment, or partially change the original judgment.
Divorce cases are relatively more complicated than criminal cases, and the purpose of the request should be written clearly, concretely and in detail. If you want to achieve your goal, you must hit the nail on the head, and you can't just say vaguely, "Please ask the superior court to take care of it and change the original judgment appropriately", "Please ask the superior court to make a fair judgment according to law" or "Please ask the superior court to make my decision" and other empty words. At the same time, the purpose of the request should be written out, and several items should be written, and there should be no omissions. Of course, if it is not well thought out, it is also allowed to make a request to supplement or change the lawsuit during the appeal hearing.
(3) the reasons for the appeal
On the grounds of arguments, the application for divorce is mainly aimed at the original judge, not at the other party; The civil complaint is completely unreasonable against the other party, which is the fundamental difference between the appeal and the complaint in writing. We must really catch it. Otherwise, if you appeal, bring the indictment or defense of the original trial, make a new face and make a copy. This is not only inconsistent with the method of appealing, but more importantly, the arguments are unclear and irrelevant, which makes the appeal request unfounded and often not accepted by the higher people's court.
Judging from the original judgment, the reasons for refusing to accept the argument are nothing more than the following aspects: 1. Demonstration of the wrong facts in the original trial. Focus on whether the facts identified by the original judge are all wrong or partly wrong; Explain what is objective truth. The objective truth put forward in the appeal against the original facts must be proved by citing sufficient evidence. In handling cases, the people's courts are "based on facts" first. As long as they can push back all or part of the facts identified in the original trial, it goes without saying that it will inevitably lead to the decision of handling all or part of them. 2. Argument about the improper nature of the original trial. This should especially point out its inappropriate characterization. Civil cases also have qualitative problems, that is, determining the cause of action. If the characterization is not accurate, it will be handled improperly. 3. Debate on the improper application of substantive law to the original judgment. This means that the original judgment refers to the relevant substantive laws or is inconsistent with the facts of the case; Or there is one-sidedness in quoting relevant legal provisions, and only some relevant provisions are quoted, while others are ignored; Or misinterpreted the legal provisions, etc., leading to improper handling. It is necessary to quote relevant legal provisions for detailed analysis and demonstration. 4. Improper application of procedural law to the original trial affects the argument of correct trial. This means that in the trial of a case, the original trial violated the provisions of the procedural law, resulting in improper handling of the case, which can be put forward according to the facts as a reason for requesting a change in the judgment of the original trial. If the original trial violates the provisions of the procedural law in the trial of the case, there is nothing improper. Should not be the only reason for appeal. In a word, the reason part of the appeal is actually a rebuttal to the original judgment. After clarifying this meaning, we must pay attention to two points. First, the rebuttal should be well-founded and properly worded. Similarly, it is required to adhere to the attitude of putting facts and reasoning, and the wording cannot be infinite; Second, for the part of the original trial where the facts were ascertained and the applicable law was correct, that is, the uncontroversial part, there was a judgment of the original trial for the higher people's court to review. Therefore, there is generally no need to repeat the narrative in the appeal, and there is no need to explain the consent of these parts, so as not to cause the body of the appeal to be lengthy. Write the reasons for the appeal and the conclusion. The usual writing is: "To sum up, it shows that the judgment (or ruling) made by the people's court of XXX (or the original trial) is improper, and we request your hospital to cancel the original judgment (or ruling) and give it a revision (or re-treatment) according to law. (4) Tail and accessories 1. To send it to the organ, you can write three lines as follows: this letter is sent to the intermediate (or advanced) people's court of XXX; It can also be written directly: to the intermediate (or advanced) people's court of XXX. Write at the bottom right: Appellant: XXX (signature or seal) and indicate the year, month and day. 3. Appendix: (1) X copy of this appeal; (2) X attachment XX (name); (3)
XX pieces of documentary evidence (names).
Civil appeal
Appellant: XXX (specify name, gender, age, nationality, place of origin, occupation or work unit, position, address and telephone number).
Authorized Agent: XXX (specify name, gender, age, nationality, native place, occupation or work unit, position, address and telephone number).
Appellee: XXX (specify name, gender, age, nationality, native place, occupation or work unit, position, address and telephone number).
The appellant refused to accept the judgment made by the court on _ _ _ _ _ _ _ _ _ _ _ _ _.
Appeal request:
(including the request for cancellation or partial change of the original judgment).
Facts and reasons:
(It shall comprehensively state the facts and reasons on which the people's court of first instance found the facts and applied the law inappropriately or wrongly, as well as the violation of the procedure, including the facts, reasons and evidence not provided in the procedure of first instance).
Zhezhi
_ _ _ _ People's Court
Appellant: _ _ _ _ _ _ (signature or seal)
_ _ _ _ _ _ _ _ _ _ _ _ _
Attachment: 1, and _ _ copies of this appeal.
2._ _ _ copies of certification materials.