the appeal period is calculated based on the date when the last party signed the judgment. If the defendant's whereabouts are unknown, the judgment will be served by public announcement. The announcement period is 6 days, plus 15 days. If there is no appeal, the judgment will take effect. The judgment also has an automatic performance period for the defendant, usually 1 days. If the defendant fails to perform his obligations within the time limit, the plaintiff should ask the presiding judge or clerk to issue an effective certificate when applying for enforcement.
the judgment does not have to be signed by the parties, but it must be served on the parties. Generally, the way of service is to inform the parties to collect it from the court, or to mail it to the address written by the parties in the Confirmation of Service Address or their domicile. If the addressee or his adult family refuses to receive the litigation documents, the addressee shall invite the representatives of the relevant grass-roots organizations or units to be present, explain the situation, record the reasons and date of refusal on the service receipt, and leave the litigation documents at the addressee's domicile with the signatures or seals of the addressee and witnesses, which is deemed as service. If it is impossible to serve by lien, it can be served by announcement, that is, posting an announcement on the bulletin board of the court, the original residence of the addressee, or publishing an announcement in a newspaper. After 6 days from the date of announcement, it will be deemed to have been served. If the judgment of first instance is served, the appeal period is 15 days from the date of service. If no party appeals after 15 days, the judgment will take effect. If any party appeals, the judgment will not take effect. If the judgment of second instance is served, it will take effect from the date of service.
Legal basis
Article 86 of the Civil Procedure Law of the People's Republic of China * * * If the addressee or his adult family members who live together refuse to accept the litigation documents, the addressee may invite the representatives of the relevant grassroots organizations or units to be present to explain the situation, and record the reasons and date of refusal on the service receipt, which shall be signed or sealed by the addressee and witnesses, and leave the litigation documents at the addressee's residence; You can also leave the litigation documents at the addressee's residence and record the delivery process by taking photos, videos, etc., which is regarded as delivery.
article 164 of the civil procedure law of the people's Republic of China
if a party refuses to accept the judgment of first instance of a local people's court, he has the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served. If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 1 days from the date when the ruling is served.
article 167 after receiving the appeal, the people's court of first instance shall serve a copy of the appeal to the other party within five days, and the other party shall file a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party does not submit a reply, it will not affect the trial of the people's court. When the people's court of first instance receives the appeal and the defense, it shall submit it to the people's court of second instance together with all the files and evidence within five days.