If you, as the party concerned, are not satisfied with the trial result of the court, you may appeal to the Higher People’s Court of Hainan Province within the statutory time limit. In order to better protect your rights to appeal and save your time and money, please read the following content carefully to learn more about the appeal and the materials you need to provide.
1. Subject of Appeal
The subject of appeal must be the party or the litigation representative who has the right to appeal in accordance with the law. The plaintiff, the defendant, the third person with an independent claim right and the third person without independent claim rights determined by the first trial, the legal representative or designated agent in the first trial, or a specially authorized agent may appeal against the trial result of the case, and the other person is not entitled to appeal the judgment or ruling.
2. Object of Appeal
The object of appeal must be the judgment or ruling made by the court, and the mediation agreement made by the Court, the international civil and commercial expert committee of the same rank with the Court, specially invited mediator or international mediation organization cooperated with the Court cannot be appealed.
The judgments and rulings made by the application of small litigation procedure, special procedure, procedure for hastening debt recovery and procedure for publishing public notice for assertion of claims in accordance with the law cannot be appealed.
3. Time Limit for Appeal
The appeal period begins on the date of receipt of the official correspondence. Appeal against the judgement shall be made within 15 days.
The party who has no domicile in the territory of People’s Republic of China and refuses to accept the judgment and ruling of the first trial has the right to appeal within 30 days from receipt of the verdicts.
4. Information to Be Submitted for Appeal
When making an appeal, a copy of the appeal shall be made in accordance with the number of the other party. The identity of the appellant and the agent shall also be submitted when making an appeal. The unit shall submit the identity certificate of the legal representative, the copy of the organization code certificate, the copy of the ID card of the legal representative, and the copy of the enterprise business license.
The information submitted for appeal by the parties of the international civil and commercial cases refers to Notice of Foreign Civil and Commercial Litigation.
5. Appeal Payment
Within 7 days from the date of submission of the appeal, you must pay the litigation fee to the designated bank. If you have difficulties, you can apply for relief, reduction, or exemption. If you fail to pay the cost of litigation, or fail to apply for relief, reduction or exemption, or still fail to pay the litigation fee although your application is made but not approved by the court, it will be treated as withdrawal of the appeal.