The Process for the Second Instance in the litigation
If a party is unsatisfied with the result of a first-instance local people's court, they have the right to appeal to a higher people's court within fifteen days of obtaining the judgment. If a party is unsatisfied with the verdict of a local people's court of first Instance, they have ten days to appeal to the higher people's court.
The appeal must be in writing and contain the parties' names, the court name that issued the initial judgment, the case number, the reasons for the appeal, and the desired remedy. The appeal should be filed with the originating court, with copies sent to the opposing party or their agents.
The relevant facts and legislation about the appeal should be reviewed by the second instance people's court. The appeal should be heard at the second Instance of the people's court. In the second Instance, the people's court may decide not to have a hearing if no new facts, evidence, or arguments are submitted.
After a review of the appeal, the second Instance people's court may either affirm the previous judgment, issue a new judgment, or send the matter back to the original court for additional consideration. The original court must issue a new ruling based on the facts and evidence given if the matter is remanded.
The appeal may be resolved via mediation by the second Instance of the people's court. The judges and court clerks should develop and sign a mediation agreement if an agreement is reached. The original court's ruling is regarded as revoked after the agreement is signed.
The verdict of the second instance people's court is final and cannot be challenged. The court should render a judgment in instances requiring a verdict within three months and in situations involving a rule within thirty days. Under rare circumstances, the court may extend the time limit with the consent of the court president.