Beijing Higher People's Court on normative views of civil cases of second instance file standard 

Chapter I General Provisions 

Article 1 in order to unify the civil and commercial cases of second instance filing standards, protection of the litigation rights of the parties in accordance with the law, standardize the second case work, according to the "PRC Civil Procedure Law" and relevant judicial interpretation, the normative views.

Article second the court of first instance to the appeal and the court of second instance trial registration shall comply with the regulatory opinions. 

Article third the court of first instance to appeal the case, it shall transfer the case to the case files and by the court of first instance information network upload case information.

 Article fourth the second instance court after examination, for the court of first instance to meet the requirements of the appeals opinion, shall timely filing; do not meet the requirements of appeals opinion, have the right to request the court of first instance correction or remit the case to the court of first instance.

 The second chapter the basic norms of the court of first instance to appeal cases 

Section 1 basic requirements

Fifth party within the statutory time limit of appeal, court of first instance shall serve a copy of the statement of complaint, on the pleadings copy, and in reply expires, the court of second instance cases transferred to.

The appellee did not reply, the court of first instance do not rejoin the job description and attached to the court of the second instance, transferred the case. 

Article sixth the trial court to the court of second instance cases transferred period, shall be completed within forty-five days of the appellant to pay court costs, not later than sixty days, but the foreign-related cases or announcement service except.

 Article seventh the court of first instance to the trial court to appeal the case, shall be transferred together with the case materials as follows:

(a) appeals to the letter;

(two) the appeal2A (original);

(three) the appellant's identity;

(four) commissioned agent ad litem entrusted agency procedures for action;

(five) the application fee documents or parties to apply for judicial assistance fees and proved the Appellate cases;

(six) illustrated pleadings the appellant or respondent no defense work;

(seven) the first instance judgment, a copy of the appeal petition, pleadings copy (unless the party concerned does not answer such proof documents) in accordance with the law;

(eight) the first instance judgment8A (including foreign case);

(nine) the parties submitted in the first instance verdict after all the evidence materials and court charge litigation materials list;

(ten) a dossier containing material, positive, vice roll. 

The eighth letter of appeal to conform with the content and the actual records shall transfer the case files. 

Article ninth to the second instance court to appeal, a dossier shall be bound, coiling write clearly, complete. 

Tenth because it does not meet the requirements, appeal court of second instance request to make corrections or returned, the court of first instance shall be completed within seven days to make corrections or re transfer.

 Section second requirements on the pleadings

Article eleventh the appeal shall be within the statutory time limit through a trial court, the parties directly to the court of second instance the petition, the court of second instance shall within five days to appeal to the court of first instance.

 Article twelfth the appeal shall meet the following requirements:

(a) original;

(two) the completeness of the contents, specify the appeal and appeal time;

(three) print or in blue or black ink, carbon ink pen with durability requirements, specifications forA4Paper;

(four) the parties litigation position accuracy;

(five) the signature or seal. The special authorization, litigation agent to the name of an appeal, a litigant representative signature or seal.

 Article thirteenth the parties submit the appeal, the court of first instance to do the action guide. The litigation guidance, the parties submit the appeal of this opinion is still not in conformity with the provisions of article twelfth, the people's court may refuse to take the parties appeal. But the first submitted to date as the date, and work record.

The parties submit the appeal does not conform to this opinion article twelfth (three) of the request, the parties to the litigation guidance, modify, and the party is a natural person, not to receive the submission of appeal.

 Fourteenth more than the appellant appeals, should submit a petition. But we should pay attention to distinguish between the following situations:

(a) the necessary joint action, the litigation status agreement more than in the original trial, and appeal is consistent, can submit a petition for appeal; more people in the original trial litigation status or appeal is not the same, should be submitted.

(two) the common joint action, more than the party to the appeal, it shall submit the petition.

(three) third people appeal, it shall be separately submitted.

 The third section is about the fee for acceptance of the appeal request

 Article fifteenth the appellant shall, within the statutory time limit, the court of first instance to pay court costs or propose to apply for judicial aid.

 Article sixteenth for property cases of appeal, should be in accordance with the verdict of the first trial part of the appeal for the case acceptance fee amount.

 Article seventeenth the appeal case acceptance fee shall be calculated accurately, not undercharged or overcharged. The appeal court charging documents fee should be written clearly and accurately, the same case.

 More than eighteenth party to the appeal, it shall pay court costs. But we should pay attention to distinguish between the following situations:

(a) the necessary joint action, the litigation status agreement more than in the original trial, and the appeal is consistent, the fees for accepting a case of appeal together; more than the appellant in the original trial litigation status or appeal is not the same, according to the respective appeal appeal the case acceptance fee charged.

(two) the common joint action, more than the party to the appeal, it shall pay court costs.

(three) third people appeal, appeal the case acceptance fee shall be charged separately according to its appeal.

 Article nineteenth the appellant applies for judicial relief, it shall submit a written application to the court of first instance, enough to prove that the materials which have financial difficulties and other relevant materials of proof.

Because of the difficulties of life or recourse of basic living expenses, apply for exemption from the reduction of litigation costs, that should also be standard to provide citizens with economic difficulties and family economic status in accordance with the local civil affairs, labor and social security departments.

 Article twentieth the appellant does not pay court costs, and no other legitimate reasons, divided into two types:

(a) the appellant withdrawn appeal to abandon the appeal, the court of first instance work record, not to the case;

(two) the appellant still insist on appeal, the court of first instance work record, transfer the case to the court of second instance, the court of second instance shall be dealt with according to law.

 The fourth section about agency procedures

 Twenty-first parties to litigation agent to proceedings, shall submit the authorization procedures.

Entrust a lawyer to litigation, there should be a power of attorney issued by a law firm, the proxy function etc..

Lawyers outside the China citizens to litigation, there should be a power of attorney, agent ID card copy.

 The twenty-second letter of authorization shall be stated in the permissions should be clear, especially to indicate the special authorization of appeal rights.

 Article twenty-third the power of attorney must have the principal and agent signature or seal.

 The fifth section delivery requirements

 Article twenty-fourth the court of first instance shall submit a copy of the appeal petition, parties to submit pleadings copy (unless the party concerned does not reply) to the other party service etc..

The plaintiff or defendant side of many people, some of the party to appeal, the appeal should be delivered to the other party.

 Article twenty-fifth the receipt of service shall specify the litigation documents, case number, name of the issuer, by the parties and their legal status, delivery time and place, and the party, litigation agent, agent signature or seal.

 Twenty-sixth through the judicial special mail delivery, receipt shall be noted on the service of litigation documents type or name, accompanied by the signature of the party and the date of receipt.

Receipt cannot return to the court or the court of first instance by a query is lost, the parties had received certificates of deposit, can be combined to replace the receipt as proof of delivery with the case, but must be accompanied with the job description.

In accordance with the "Supreme People's Court on the court to mail some provisions of civil service of" (Interpretation[2004]13No.) the provisions of eleventh, because the recipient to provide their own or confirmation of the address for service is not accurate, refuses to provide the address, delivery address change not to inform the people's court, the addressee or recipient I designate an agent refused to sign, resulting in litigation documents could not be the recipient of the service actually received, documents returned, deemed as the day, should have the receipt, confirmation of the address (or refuses to provide the address of service work record) and the corresponding job description.

 Twenty-seventh shall entrust a people's court, should be entrusted to the letter and the receipt.

 Article twenty-eighth lien service, the receipt of service shall mark the refusal and the date of delivery, Master, witness the signature or seal.

 Article twenty-ninth where One's whereabouts is a mystery. whereas public litigation documents, shall report the document and cannot be served by the other methods attached to the job description.

 Thirtieth take notice of delivery, the domicile and habitual residence in the city party can be in court in front of the bulletin board posted way; the outside party and the third party must be in the way.

 The thirty-first way to posting notice, shall report the documents and posted the photos attached to or in the manner; by notice served on the litigation documents, the newspaper should be attached to the original.

 Article thirty-second the trial court pronouncement or entrust other people's court, there should be a record, the power of attorney and the receipt.

Sentence instead of the receipt of the record, a record must be recorded in time and place, the sentence sentence, sentence content, and the party or agent signature.

 The thirty-third courts of first instance according to "the Supreme People's Court on the application of (PRC Civil Procedure Law) the views of a number of" the provisions of article ninetieth pronouncement, refuses to sign for the judgment, ruling, the service shall be deemed completed, should be recorded in a transcript of the parties refuse to sign the.

 The sixth section on upload a trial information requirements

 Article thirty-fourth the court of first instance to upload a trial case information, should be strictly in accordance with the Beijing high method[2003]192No. "Beijing Municipal Higher People's Court on making full use of network advantage, provides for a trial appeal notice" the timely transmission of information, in accordance with the following requirements:

(a) to upload a trial case information should appeal the case file material to the court of second instance transferred before upload, not later, leakage;

(two) to upload a trial cases information should be complete, the basic information shall not be less than the record, dropout, judgment documents should be promptly paste etc.;

(three) to upload a trial cases of information should be accurate, determine the upload information in the case shall be consistent with the archives, determine the way of closing and practical way of closing.

 The third chapter the basic norms of second instance court filing work

Section 1 basic requirements

 Article thirty-fifth the second instance court filing appeals tribunal after receipt of the court of first instance transferred, shall do a good job handover procedures, to check whether the materials, upload the information transferred in accordance with the normative views.

 Article thirty-sixth the court of second instance for the court of first instance to meet the requirements of the case, shall complete the registration within seven days, and transferred to relevant trial division; do not meet the requirements, shall within two days inform the court of first instance to make corrections or will return cases, and explain the reasons.

 Thirty-seventh cases of first instance at the same time there are two or more ruling parties, have the appeal, court of second instance shall be respectively placed on file.

 Section second requirements for judicial assistance

 Thirty-eighth whether to agree to the appellant judicial aid application, decided by the court of second instance. The people's Court of the collegial panel or the single judge shall submit a written proposal is agreed.

 Article thirty-ninth the appellant's application for postponement of the fee for acceptance of the appeal, the second instance court review shall make a decision according to law.

 Article fortieth the appellant for reduction, exemption fee for acceptance of the appeal, the second instance court shall review, the judicial relief conditions, should be the first to defer the fee for acceptance of the appeal decision; it does not meet the conditions of judicial assistance, rejected the appellant's application, notify them to pay court costs.

 Article forty-first the appellant for reduction, exemption from appeal the case acceptance fee, the second instance court to make a deferred payment of court costs of the decision, the case to the civil court, the Civil Tribunal shall make whether reduction, exemption fee for acceptance of the appeal decision.

 Article forty-second the second instance court to agree to defer the cost of litigation decision, deferment period shall not exceed one month. Civil trial in the case concluded, with the burden of litigation costs make processing.

 The fourth chapter supplementary provisions

 Article forty-third the administrative appeals of the second instance filing standards refer to the normative views.

 Article forty-fourth the opinions shall be implemented as of the date of issuance.

The opinions and law, regulations or judicial interpretation inconsistent, by law, regulations or judicial interpretation shall prevail.

 Article forty-fifth the comments by the Beijing Higher People's court shall be responsible for the interpretation of.