The so-called civil appeal refers to a party or its legal representative who is dissatisfied with the first-instance civil judgment or ruling of the local people's court at various levels and appeals to the previous people's court in accordance with the law to request a retrial of the case. A litigation document. The following is the format and selected examples of civil appeals for reference!
Civil appeals format 1
Appellant (plaintiff/defendant of first instance) (please indicate the name and address of the unit) place, the name and position of the legal representative or person in charge, and the natural person’s name, gender, date of birth, ethnicity, occupation, service location, domicile, place of residence, and ID number).
Contact telephone number
Appellee (written as above)
Third person in the first instance (written as above)
Appellant due to a case , dissatisfied with the civil judgment/ruling No. ( ) of the People's Court that received the judgment/ruling on the year, month, and day, and filed an appeal.
The appeal request and reasons are as follows:
Appeal request
1. To revoke the civil judgment/ruling No. ( ) of the People’s Court;
2. Change the judgment...;
3. The litigation costs of both trials shall be borne by the appellee.
Reasons for appeal
(Select according to the specific circumstances of the case)
1. The original judgment applied the law incorrectly.
2. The facts determined by the original referee were wrong, or the facts determined by the original judgment were unclear and the evidence was insufficient.
3. The original referee violated legal procedures, or the judge accepted bribes, which affected the correct decision of the case.
To sum up,...it is only fair to file an appeal and request a change of judgment in accordance with Article 147 of the Civil Procedure Law.
Yours sincerely
×People’s Court
Appellant
Year, month and day
Page 1** *1 page
Characteristics of civil appeals 2
1. Civil appeals must be filed by the parties to the civil litigation and their legal representatives, and others have no right to file;
2. The civil appeal must be filed against the first-instance judgment of the local people's court at all levels;
3. The civil appeal must be filed with the first-instance judge in accordance with legal procedures and time limits. An appeal was filed with the People's Court at the higher level of the decision.
How to write a civil appeal letter
(1) The first part.
The following matters should be determined in order: 1. Title "Civil Appeal".
2. Basic information of the parties: The appellant is determined first, and the appellee is determined later, including name, gender, age, place of origin, address, etc.
Special attention should be paid to the litigation status of the parties in the first instance.
For example: "Appellant (defendant in first instance)", "Appellee (plaintiff in first instance)".
3. Reasons for dissatisfaction with the original judgment or ruling.
For example, “The appellant is dissatisfied with the civil judgment (or ruling) No. As follows: "That is, transfer to the main text.
(2) Request and reasons.
This part should first write the request for appeal, and then explain the reasons for the appeal.
Litigation claims should be clear, concise, and concise so that they can be understood at a glance.
The reasons for the appeal are related to whether the appeal request can be established, and are used to demonstrate the appeal request, so they must be strong and hit the mark.
The reasons for appeal should be elaborated from three aspects or one of them according to the specific circumstances.
First of all, analysis and demonstration should be carried out to determine whether the facts determined by the original judgment were erroneous, whether there were any important facts that were omitted, and whether the evidence used to determine the facts is reliable.
Second, analyze whether the original trial’s characterization of the case was correct and whether there were any errors in applying the law.
Finally, analyze whether there were any violations of litigation procedures during the trial of the first-instance case, which may affect the correctness of the verdict.
(3) At the end, write "Sincerely" and "×××People's Court", and sign and seal the appellant on the lower right, indicating the year, month and day.
(4) Attachment.
Indicate the following matters: 1. ×× copy of the appeal petition.
2. ×× pieces of documentary evidence and physical evidence.
Selected Civil Appeal Samples 3
Appellant: Zhao XX, male, born on August 2, 19XX, Han nationality, resident, living at No. XX, XX Village, Xing'an Street, Anqiu City .
Appellee: Yang XX, male, born on August 28, 19XX, Han nationality, resident of XX Residents Committee, Xing'an Street, Anqiu City, living in this village.
Defendant in the original trial: Liu XX, male, born on January 15, 19XX, Han nationality, individual industrial and commercial household, living at No. 161 Jianjian Road, Anqiu City.
The appellant is dissatisfied with the Civil Judgment No. 996 of Anqiu City People’s Court of Shandong Province (xxxx) Anminchuzi, and now appeals.
Appeal request:
1. The Anqiu Municipal People’s Court (xxxx) Anminchuzi No. 996 Civil Judgment shall be revoked in accordance with the law and the appellee’s claim against the appellant shall be dismissed.
2. The litigation costs of the first and second instances shall be borne by the appellee.
Selected civil appeal templates are provided by Boutique Learning Network!
Facts and reasons:
1. The original judgment determined the facts incorrectly.
The original judgment found that Liu XX returned the house involved in the case to Yang XXbo, and Yang XX, as a member of the XXXX Neighborhood Committee, obtained the ownership of the house. This was a real reversal of right and wrong, and it was obviously a big mistake. of.
First of all, the transfer agreement between Liu XX and Yang XX is an invalid agreement! (xxxx) Anmin Yichuzi Civil Judgment No. 315 (lines 1-2 from the bottom of page 4) clearly states: The plaintiff (Liu XX) has no ownership of the house, and his claim to the defendant (Zhao XX) to vacate the house has no factual and legal basis.
Since Liu XX does not own the house, is the house transfer agreement he signed legal? Does he have the right to sign the house ownership transfer agreement? People with some legal knowledge will make the correct judgment. He clearly had no authority to enter into the house transfer agreement.
In addition, the appellee Yang XX participated in the lawsuit as a witness for Liu XX in the (xxxx) Anmin Yichuzi Case No. 315. It was Liu XX’s family who wanted to save some money when buying a house. Top names.
He is neither a party to the sales relationship nor the builder, and has nothing to do with the house involved. The original purchaser of the house is nominally Liu XX.
On January 16, 2018, Yang XX and Liu XX signed an agreement, stipulating that the ownership of the house involved belonged to Yang XX from beginning to end, which was completely inconsistent with the facts and the agreement was invalid.
However, the court of first instance ignored the statutory evidence such as the effective judgment, mistakenly determined that the agreement was valid, and believed that the return to Yang XX was valid.
Obviously a big mistake.
Yang XX had no rights to the house from the beginning, so how could there be a conclusion that the house should be returned to Yang XX?
Secondly, the court of first instance did not find out that the appellee was On what legal basis the appellant was required to vacate his house.
It has been nearly 6 years since the appellant moved into this house after renovation in November 2016. During the trial, the court of first instance did not find out how the appellant actually occupied the house, whether it was based on purchase or purchase. Lease or seizure, legal or illegal means.
If the appellant purchased the house, the respondent’s claim should naturally be dismissed.
If it is a lease, is it within the lease term or has it expired?
The court of first instance did not review such an important and basic legal relationship, but directly made a judgment, obviously without considering the objective facts.
2. The original judgment was adapted to legal errors.
There are two main ways to obtain house ownership: one is original acquisition, in which case the house ownership does not need to be registered.
The second is inheritance acquisition, which mainly involves obtaining house ownership through legal actions such as house transactions. At this time, the acquisition of house ownership must be registered. Otherwise, even if the house is actually delivered for possession, the house ownership will not be transferred.
(xxxx) Civil Judgment No. 315 of Anmin Yichuzi (page 4, lines 22-23) found that the property in dispute is a commercial house with small property rights developed by the XXXX Neighborhood Committee.
In other words, the property has not been registered and the title has not been confirmed.
The person who transferred the house has no ownership, but the transferee has obtained the ownership of the house! The court of first instance clearly erred in adapting the law by confirming this.
3. The trial procedure of the original court was illegal.
1. Although the original judgment was nominally heard using ordinary procedures, in fact there was only one judge from beginning to end.
2. The time for delivery of the judgment seriously exceeded the statutory time limit. Although the judgment stated that the time of judgment was April 20, 2019, the time it was served to the appellant was May 16, 2016. This distance is One year has passed since the judgment was made, and I don’t know what the original court’s reasons were.
4. This case is obviously a lame trick created by Liu XX and Yang XX with malicious collusion and so-called legal means for illegal gains.
The appellant purchased this house from Liu Hongbo’s mother, Zhang XX, for 160,000 in xxxx, and has lived in it since then after renovation.
At that time, Liu XX was only 16 years old, a school student, and was not completely incapable of civil conduct. It is a self-evident fact that the buyer of the house was his mother.
Although the appellant did not sign a written agreement with Zhang XX when purchasing the house, Zhang XX and Zhang XX accepted the appellant’s cash of 100,000 yuan. The appellant actually took possession of the house and completely renovated it.
Judging from common sense, the relationship between the appellant and Zhang Yuhuan is obviously a house purchase and sale relationship.
Although Zhang XX and Zhang XX claimed that the money was a loan, the appellant and Zhang XX ran the same business, were competitors, and had insufficient working capital. Why did they lend Zhang XX 80,000 yuan? He also lent XXX 20,000 yuan to his sister Zhang? What’s more, the note also stated that he received cash instead of an IOU.
Because of the skyrocketing house prices in the second half of xxxx year, the Liu XX family regretted it for their own personal gain when the appellant did not sign a written house purchase agreement with them. They wanted to return to the house and paid a supplementary payment of 47,850 yuan to the XXX Village Committee. , and changed the house purchaser to Liu XX, and sued the appellant in the name of Liu XX.
After losing the case No. 315 of Anmin Yichuzi in 2006, in order to achieve his goal, he concocted this case with Yang Jianbo.
Selected civil appeal templates are provided by Boutique Learning Network!
In summary, the original judgment confuses right and wrong, violates legal procedures, and is a perversion of the law, which seriously infringes on the legitimate rights and interests of the appellant.
The appellant cannot speculate on the relationship, but the appellant is extremely angry.
The court of second instance is requested to carefully ascertain the facts, administer justice in accordance with the law, and support the appellant’s appeal request.
Sincerely,
Weifang Intermediate People’s Court
Appellant: Zhao XX
May 27, xxxx