First of all, the first part
Title, indicating the file name "civil appeal" or "appeal".
Second, the text
1, party concerned
List their basic information in the order of appellant, appellee and third party. Attention should be paid to when filling in:
(1) List the appellant first, then the appellee. According to the needs of the case, the relationship between him and the appellant is listed. If there is more than one appellee, the basic information shall be listed in turn. After the appellee is listed, if there is a third person, the third person shall be listed.
(2) In civil appeal cases, the appellation of the parties should indicate their litigation status in the original trial. Such as "appellant (defendant in the original trial)" or "appellee (plaintiff in the original trial)."
(3) If the party is a natural person, the name, sex, age, nationality, occupation or work unit, position and address shall be stated. If the domicile is inconsistent with the habitual residence, write the habitual residence; If the party is a legal person, the name and domicile of the legal person shall be indicated, and the name and position of the legal representative shall be listed separately; If the party concerned is an organization without legal personality or an individual with a brand name, it shall indicate the name or brand name and domicile, and indicate the name and position of the principal responsible person in a separate line; If the parties are individual industrial and commercial households, the name, gender, age, nationality and domicile of the owners shall be stated; If there is a font size, it should be marked as "owner ... (font size)" in brackets after its name.
(4) If there is a legal agent or an entrusted agent, the name, gender, occupation or work unit, position and residence shall be listed, and the relationship with the parties shall be indicated after the name.
2 cause of action
Indicate the cause of action, the name of the people's court that originally tried the case, the time of the original judgment or ruling, the name of the document, and the name of the judgment document in turn, indicating the appeal. This paragraph is not necessarily the same as long as the above content is clearly stated and the words are fluent. However, it must have the linguistic features of legal documents. This clause can be expressed as: "The appellant refuses to accept the civil judgment (or ruling) of first instance made by the people's court on (), and hereby appeals to your hospital. The appeal request and reasons are as follows: "or:" The appellant refuses to accept the civil judgment of first instance made by the people's court for a case and now appeals. The reasons for requesting an appeal are as follows: "
3. Appeal request
Write down three items in turn:
(1) Give a very brief and comprehensive account of the whole case, so that people who read the complaint can know what the case is about; Then the full text of the judgment (conclusion) of the original trial is stated.
(2) Are you dissatisfied with the text of the original trial, or with which part?
(3) explain the specific purpose of the request, whether it is a request to cancel the original judgment and completely change the decision of the original judgment, or a request to partially change the original judgment. The purpose of the request should be clearly written, specific and detailed. If you want to achieve your goal, you must hit the nail on the head, and you can't vaguely say, "Please ask the superior court to take care of you 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 a decision for me" 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.
4. Grounds for appeal
Civil appeal, on the grounds of debate, is mainly aimed at the original judgment, not at the other party; The civil complaint is completely aimed at the other party's irrationality. This is the fundamental difference between an appeal and a complaint in writing, which must be grasped effectively. If, at the time of appeal, the indictment or defense of the original trial is re-filed and completely copied, it 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 cannot be adopted by the people's court at a higher level. The reasons for dissatisfaction are demonstrated from the following aspects:
(1) Argumentation of factual errors 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 facts ascertained in the original trial and the objective truth put forward in the appeal must be confirmed by conclusive and sufficient evidence. In handling cases, the people's courts are "based on facts" first. As long as the facts identified in the original trial can be overturned in whole or in part, it goes without saying that it will inevitably lead to all or in part changes in its handling decision.
(2) The argument that the nature of the original trial was improper. This should especially point out its inappropriate characterization. Civil cases also have qualitative problems, that is, determining the cause of action. For example, the half-brother asked his brother to return the house left by his father's ancestors, but his brother said that he had the right to inherit the house and asked for division, which involved qualitative issues. If the characterization is not accurate, it will be handled improperly.
(3) The argument that the original judgment was inappropriately applied to substantive law. This means that the original judgment refers to the relevant substantive laws or is inconsistent with the facts of the case; Or citing relevant laws and regulations is one-sided. Only some relevant clauses are cited, while the other part is 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 violated the provisions of the procedural law in the trial of the case, but did not handle it improperly, it should not be the only reason for appeal.
In short, in the part of the reasons for appeal, we should pay attention to: First, the rebuttal should be well-founded and properly worded, and the attitude of putting facts and reasoning should be adhered to, and the wording should not be unlimited; 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.
5. Finally, the conclusion. The usual writing is: "To sum up, it shows that the judgment (or ruling) made by the people's court (or the original trial) is improper, and you are requested to cancel the original judgment (or ruling) and revise the judgment (or re-handle) according to law."
Third, the tail
1. Write down the name of the service agency, which can be written in three lines: "This is sent to the intermediate (or higher) people's court"; It can also be written directly: "This is for the intermediate (or advanced) people's court."
2. There is the appellant's signature or seal at the lower right of the text, and the date (year, month and day) when this article is made is indicated.
3. Appendix: copy of the appeal; Physical evidence (name); Documentary evidence (name); Witness's testimony (name) and address