16民诉法之第二审程序(09年司考三大本分段学习)（The second instance civil procedure of 16 (09 years and three big Scott subsection learning)）.docVIP

16民诉法之第二审程序(09年司考三大本分段学习)（The second instance civil procedure of 16 (09 years and three big Scott subsection learning)） The sixteenth chapter is the procedure of second instance Section 1 Summary of the procedure of second instance First, the concept of second instance procedure The second instance refers to the civil litigation parties are not satisfied with the local peoples courts at all levels and the entry into force of the judgment of first instance within the legal period a higher peoples Court of appeal caused by the procedure, is the peoples Court of the second instance level hearing appeals for the program. As China implements two tiered system, if a party refuses to accept the Magistrates Court of first instance, you can appeal to the court of first instance on the court, the court trial and verdict, the lawsuit will come to the end. Therefore, the second instance is also called appellate trial, and the second instance procedure is also called appellate procedure. At the same time, after a case has been tried and decided by the second instance procedure, the lawsuit is ended, and the judgment made by the second instance has the legal effect immediately. Therefore, the procedure of second instance is also called the final procedure. The necessary procedure of second instance procedure is not the necessary procedure of civil litigation, the peoples court is not the case, if the parties in the case of the first instance of a mediation agreement or not appeal in the appeal period, the court of first instance of the referee takes legal effect, the second instance also because there is no appeal of the parties cannot happen, the appeal is the premise of the second instance occurred. Of course, the appeal of the party must also be combined with the courts acceptance. Two, the second instance procedure and the first instance procedure link and the difference The procedure of first instance is the premise and foundation of the procedure of second instance, and the