Civil appeals include the following basic contents:
(1) Title:
① Title: Write "Civil Appeal".
② Basic information of the parties: write the appellant first, and then the appellee. Including the names, gender, age, nationality, occupation, work unit and residence of the appellant and the appellee, the names and residences of legal persons or other organizations, and the names and positions of legal representatives or principal responsible persons. If the appellant has a legal representative or entrusted agent, it shall specify the name, gender, age, nationality, occupation or position, work unit or address of the legal representative and the relationship with the appellant. If the agent is a lawyer, just list the name and position.
(2) Appeal request: explain the specific purpose of the request, whether it is to request to cancel the original judgment, completely change the original judgment, or to request to partially change the original judgment. The purpose of the request should be clearly written, specific and detailed.
(3) Facts and reasons: the appeal reasons of civil appeal are mainly aimed at the original judgment, 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.
In view of the original judgment, we can demonstrate the reasons for dissatisfaction from the following aspects:
(1) Proof of 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.
(2) The argument that the nature of the original trial was improper. This should especially point out its inappropriate characterization.
(3) the dispute about the improper application of substantive law in 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 citing relevant laws and regulations is one-sided; 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.
The grounds for appeal are usually followed by a conclusion. The usual writing is: To sum up, explain that the judgment (or ruling) made by the people's court (or the original trial) is improper, and request your hospital to cancel the original judgment (or ruling) and make a new judgment (or re-treatment) according to law.
(4) Tail and supplementary payment: ① Send it to the organ, which can be written in three lines as follows: This is sent to the people's court to report to the intermediate (or higher) people's court; It can also be written directly: to the intermediate (or advanced) people's court of XXX.
② Signature: Appellant's name (signature or seal) and indicate the year, month and day.
③ Attachment: (1) copy of this appeal; (2) exhibits bristles (name); ③ Documentary bristles (names).
Standard format of civil appeal:
Civil appeal
Appellant:
Appellee:
The appellant refuses to accept theNo. _ _ _ _ _ _ made by the people's court.
Appeal request:
____________________________
Reasons for appeal:
____________________________
____________________________
I am here to convey
_ _ _ _ _ People's Court
Appellant:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Attachment: copy of this appeal.
Catalogue of relevant evidence
Hello, the picture above is your signature;
If you are satisfied wi