What Does a Court of Appeals Judge Do?

The method of appeal is the method of appeal. The parties are dissatisfied with the judgments and rulings of the first instance of the courts at all levels, and have the right to appeal through the original trial court or directly to a higher court in the form of written pleadings or other forms permitted by law. The court of first instance shall transfer the dossier and evidence to the higher court within the statutory period, and give a copy of the appeal pleading to the other party. If it is a criminal appeal case, it shall also send a copy of the pleading to the procuratorate at the same level. Before the appeal was transferred to the Court of Appeal, the criminal procedure laws of some countries, such as Japan, Germany, and the Soviet Union, stipulated that the court of first instance should first review whether the appeal had exceeded the legal time limit and whether the appellant had the right to appeal. If the appeal does not meet the statutory conditions, the court of first instance may rule against it. In some countries, such as the United Kingdom, appeals against criminal court decisions must be approved by the Court of Appeal or certified by a trial judge before they can be filed. ^[1]

Appeal method

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The method of appeal is the method of appeal. The parties are dissatisfied with the judgments and rulings of the first instance of the courts at all levels, and have the right to appeal through the original trial court or directly to a higher court in the form of written pleadings or other forms permitted by law. The court of first instance shall transfer the dossier and evidence to the higher court within the statutory period, and give a copy of the appeal pleading to the other party. If it is a criminal appeal case, it shall also send a copy of the pleading to the procuratorate at the same level. Before the appeal was transferred to the Court of Appeal, the criminal procedure laws of some countries, such as Japan, Germany, and the Soviet Union, stipulated that the court of first instance should first review whether the appeal had exceeded the legal time limit and whether the appellant had the right to appeal. If the appeal does not meet the statutory conditions, the court of first instance may rule against it. In some countries, such as the United Kingdom, appeals against criminal court decisions must be approved by the Court of Appeal or certified by a trial judge before they can be filed. ^[1]

According to China's Criminal Procedure Law, there are two ways to file an appeal: written and oral. A written appeal has the same legal effect as an oral appeal, and both people's courts should accept it. For an oral appeal, the people's court shall make a transcript.

The appeal must show two meanings: one is to disagree with the judgment or ruling of the first instance; the other is to request the people's court at the next higher level to correct the errors of the judgment and ruling of the first judgment.

The parties can either appeal through the people's court of the first instance or directly appeal to the people's court at the next higher level. If the appeal is passed by the people's court of the first instance, the people's court of the first instance shall, within 3 days, transfer the appeal, together with the dossier and evidence, to the people's court at the next higher level. If the parties appeal directly to the court of second instance, the people's court of second instance should submit the appeal to the people's court of first instance within three days. The people's court of the first instance shall, after receiving the appeal, send a copy of the appeal to the people's procuratorate at the same level and the other party, and transfer all the cases and evidence materials of the original trial to the people's court of second instance for trial.