According to the relevant laws of our country, if a party is dissatisfied with the first-instance judgment made by the People's Court, he or she may appeal to a higher court. The appeal must generally be made in writing and an appeal petition must be submitted. So is a power of attorney required to submit an appeal? In order to answer related questions in this regard, I will answer them one by one in the future. I hope it can answer your questions and help you. 1. Is a power of attorney required to submit an appeal? To entrust someone to litigate on your behalf, a power of attorney signed or sealed by the client must be submitted to the People's Court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have special authorization from the client to admit, waive, change claims, conduct settlement, file counterclaims or appeals on his behalf. Article 59 of the "Civil Procedure Law of the People's Republic of China" When entrusting another person to litigate on your behalf, a power of attorney signed or sealed by the client must be submitted to the People's Court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have special authorization from the client to admit, abandon, change claims, conduct settlement, file counterclaims or appeals on his behalf. The power of attorney sent or entrusted by citizens of the People's Republic of China and the People's Republic of China living abroad must be certified by the embassy or consulate of the People's Republic of China in that country; if there is no embassy or consulate, it must be certified by the embassy or consulate of the People's Republic of China in that country. The certificate must be certified by the embassy or consulate of a third country with which the People's Republic of China has diplomatic relations in that country, and then certified by the embassy or consulate of the People's Republic of China in that third country, or by a local patriotic overseas Chinese group.
2. What are the grounds for appeal? The main grounds for appeal include: unclear facts, insufficient basis for judgment and ruling, improper application of law, violation of litigation procedures, etc. If the reason for appeal is correct, it can become the basis for revoking or changing the original judgment. The legitimate grounds for appeal generally include: 1. The facts in the original trial were unclear and the evidence was insufficient. 2. The law was improperly applied and the conviction and sentencing were wrong. 3. The procedure was violated and thus affected the correctness of the judgment. The reason for appeal is generally based on the parties’ opinions. It may not necessarily conform to the actual judgment, but according to the provisions of China's Criminal Procedure Law, as long as the party concerned files an appeal within the statutory time limit, the second-instance military court shall accept the appeal regardless of whether the reason is legitimate and sufficient. After review, if the grounds for appeal are incorrect or do not exist at all, the appeal may be dismissed.
3. Can an appeal be submitted by someone else? According to the relevant laws of our country, when filing an appeal, the party can entrust an agent to appeal. The appeal can be submitted to the People's Court by the agent, and the agent can The person undergoes a second trial. Article 59 of the Civil Procedure Law of the People's Republic of China When entrusting another person to litigate on your behalf, a power of attorney signed or sealed by the client must be submitted to the People's Court. The power of attorney must specify the entrusted matters and authority. An agent ad litem must have special authorization from the client to admit, abandon, change claims, conduct settlement, file counterclaims or appeals on his behalf. The power of attorney sent or entrusted by citizens of the People's Republic of China and the People's Republic of China living abroad must be certified by the embassy or consulate of the People's Republic of China in that country; if there is no embassy or consulate, it must be certified by the embassy or consulate of the People's Republic of China in that country. The certificate must be certified by the embassy or consulate of a third country with which the People's Republic of China has diplomatic relations in that country, and then certified by the embassy or consulate of the People's Republic of China in that third country, or by a local patriotic overseas Chinese group. Article 164 If the party concerned is dissatisfied with the first-instance judgment of the local people's court, he or she has the right to appeal to the higher people's court within 15 days from the date of delivery of the judgment. If the parties concerned are dissatisfied with the first-instance ruling of the local people's court, they have the right to appeal to the higher people's court within ten days from the date of delivery of the ruling. Article 165: An appeal shall be filed with a written appeal. The content of the appeal petition shall include the name of the parties, the name of the legal person and the name of its legal representative or the name of other organizations and the name of its principal person in charge; the name of the original people's court, the number and cause of the case; and the request and reasons for the appeal. . The content of a power of attorney required to submit an appeal is as shown in the text presented above. To sum up, when entrusting another person to litigate on your behalf, a power of attorney signed or sealed by the client must be submitted to the People's Court. The power of attorney must specify the entrusted matters and authority.