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The steps, ways and methods that the people's court should follow when trying the facts identified in the judgments and rulings that have not yet taken legal effect and the applicable laws. It is an independent litigation stage in China's litigation system. Appeals can be made by appeal or orally. According to Article 184 of the Criminal Procedure Law, the appellant can appeal through the people's court of first instance or directly to the people's court of second instance.
Article 185 of the Criminal Procedure Law stipulates that local people's procuratorates at all levels must lodge a protest when they think that the judgment or ruling of the people's court at the same level is indeed wrong and decide to protest. The protest shall be lodged through the people's court that originally tried the case and copied to the people's procuratorate at the next higher level. After receiving the protest, the court of first instance shall transfer the protest together with the case file and evidence to the people's court at the next higher level and send a copy of the protest to the parties. The people's procuratorate at a higher level shall, after careful examination, decide whether to protest.
Article 187 of the Criminal Procedure Law stipulates that the people's court of second instance shall form a collegial panel to hear an appeal case. After reading the papers, interrogating the defendant and listening to the opinions of other parties, defenders and agents ad litem, the collegial panel may not hold a hearing if the facts are clear. The people's court of second instance shall hold a hearing on the case protested by the people's procuratorate.
Judgment refers to the documents written by the court according to the judgment, including civil judgment, criminal judgment, administrative judgment and criminal incidental civil judgment.
The Supreme People's Court stipulates that since 20 14 1, the court's effective judgments have been published on the internet, and the public can consult them at any time except for four types of judgments involving state secrets, personal privacy, juvenile delinquency and improper "exposure".
Public trial is a constitutional principle. As the ultimate carrier of trial activities, judicial judgment should of course embody the principle of open trial. Judicial judgment is the proof of the conclusion of the relationship between the rights and obligations of litigants, that is, the judgment result, the legitimacy and correctness of the conclusion, and the correctness and fairness of the trial procedure. Therefore, judicial decisions must have the characteristics of openness. Except for cases that cannot be made public according to law, the judgment shall publicly state the trial process of the case; Publicly express the evidence, cross-examination and court authentication of the parties during the trial of the case; Publicly express the opinions of the court on controversial matters; Publicly publish the opinions of the court on the application of law to the trial matters.