第十四章 第二审程序

Chapter XIV Procedure of Second Instance

 

第一百四十七条 当事人不服地方人民法院第一审判决的，有权在判决书送达之日起十五日内向上一级人民法院提起上诉。

"Article 147 If a party refuses to accept a judgment¹ of first instance of a local people's court, he shall have the right to file an appeal with the people's court at the next higher level within 15 days after the date on which the written judgment was served."

 

当事人不服地方人民法院第一审裁定的，有权在裁定书送达之日起十日内向上一级人民法院提起上诉。

"If a party refuses to accept a written order of first instance of a local people's court, he shall have the right to file an appeal with a people's court at the next higher level within 10 days after the date on which the written order was served."

 

第一百四十八条 上诉应当递交上诉状。上诉状的内容，应当包括当事人的姓名，法人的名称及其法定代表人的姓名或者其他组织的名称及其主要负责人的姓名；原审人民法院名称、案件的编号和案由；上诉的请求和理由。

"Article 148 For filing an appeal, a petition for the purpose shall be submitted. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legal representatives or names of other organizations and their principal heads; the name of the people's court where the case was originally tried; file number of the case and the cause of action; and the claims of the appeal and the reasons."

 

第一百四十九条 上诉状应当通过原审人民法院提出，并按照对方当事人或者代表人的人数提出副本。

"Article 149 The appeal petition shall be submitted through the people's court which originally tried the case, and copies of it shall be provided according to the number of persons in the other party or of the representatives thereof."

 

当事人直接向第二审人民法院上诉的，第二审人民法院应当在五日内将上诉状移交原审人民法院。

"If a party appeals directly to a people's court of second instance, the said court shall within five days transmit the appeal petition to the people's court which originally tried the case."

 

第一百五十条 原审人民法院收到上诉状，应当在五日内将上诉状副本送达对方当事人，对方当事人在收到之日起十五日内提出答辩状。

"Article 150 The people's court which originally tried the case shall, within five days after receiving the appeal petition, serve a copy of it on the other party, who shall submit his defence within 15 days from the receipt of such copy."

 

人民法院应当在收到答辩状之日起五日内将副本送达上诉人。对方当事人不提出答辩状的，不影响人民法院审理。

" The people's court shall, within five days after receiving the defence, serve a copy of it on the appellant. Failure by the other party to submit a defence shall not prevent the case from being tried by the people's court."

 

原审人民法院收到上诉状、答辩状，应当在五日内连同全部案卷和证据，报送第二审人民法院。

"After receiving the appeal petition and the defence, the people's court which originally tried the case shall, within five days, deliver them together with the entire case file and evidence to the people's court of second instance."

 

第一百五十一条 第二审人民法院应当对上诉请求的有关事实和适用法律进行审查。

"Article 151 With respect to an appealed case, the people's court of second instance shall review the relevant facts and the application of the law."

 

第一百五十二条 第二审人民法院对上诉案件，应当组成合议庭，开庭审理。

"Article 152 With respect to a case on appeal, the people's court of second instance shall form a collegial panel to conduct the trial. "

 

经过阅卷和调查，询问当事人，在事实核对清楚后，合议庭认为不需要开庭审理的，也可以径行判决、裁定。

"After verification of the facts of the case through consulting the files, making investigations² and questioning the parties, if the collegial panel considers that it is not necessary to conduct a trial, it may make a judgment or a written order directly."

 

第二审人民法院审理上诉案件，可以在本院进行，也可以到案件发生地或者原审人民法院所在地进行。

The people's court of second instance may try a case on appeal at its own site or in the place where the case originated or where the people's court which originally tried the case is located.

 

第一百五十三条 第二审人民法院对上诉案件，经过审理，按照下列情形，分别处理：

"Article 153 After trying a case on appeal, the people's court of second instance shall, in the light of the following situations, dispose of it accordingly: "

 

（一）原判决认定事实清楚，适用法律正确的，判决驳回上诉，维持原判决；

"(1) if the facts were clearly ascertained³ and the law was correctly applied⁴ in the original judgment, the appeal shall be rejected in the form of a judgment and the original judgment shall be affirmed; "

 

（二）原判决适用法律错误的，依法改判；

"(2) if the application of the law was incorrect in the original judgment, the said judgment shall be amended⁶ according to the law; "

 

（三）原判决认定事实错误，或者原判决认定事实不清，证据不足，裁定撤销原判决，发回原审人民法院重审，或者查清事实后改判；

"(3) if in the original judgment the facts were incorrectly or not clearly ascertained and the evidence was insufficient⁷, the people's court of second instance shall make a written order to set aside the judgment and remand to case to the original people's court for retrial, or the people's court of second instance may amend⁵ the judgment after investigating and clarifying the facts; "

 

（四）原判决违反法定程序，可能影响案件正确判决的，裁定撤销原判决，发回原审人民法院重审。

"or (4) if there was violation⁸ of legal procedure in making the original judgment, which may have affected⁹ correct adjudication, the judgment shall be set aside by a written order and the case remanded to the original people's court for retrial. "

 

当事人对重审案件的判决、裁定，可以上诉。

The parties concerned may appeal against the judgment or written order rendered in a retrial of their case.

 

第一百五十四条 第二审人民法院对不服第一审人民法院裁定的上诉案件的处理，一律使用裁定。

Article 154 The people's court of second instance shall decide in the form of orders in writing all cases of appeal against the written orders made by the people's court of first instance.

 

第一百五十五条 第二审人民法院审理上诉案件，可以进行调解

"Article 155 In dealing¹⁰ with a case on appeal, a people's court of second instance may conduct conciliation¹¹. "

 

调解达成协议，应当制作调解书，由审判人员、书记员署名，加盖人民法院印章。

"If an agreement is reached through conciliation, a conciliation statement shall be made and signed by the judicial¹² officers and the court clerk, with the seal of the people's court affixed¹³ to it."

 

调解书送达后，原审人民法院的判决即视为撤销。

"After the conciliation statement has been served, the original judgment of the lower court shall be deemed as set aside."

 

第一百五十六条 第二审人民法院判决宣告前，上诉人申请撤回上诉的，是否准许，由第二审人民法院裁定。

"Article 156 If an appellant applies for withdrawal¹⁴ of his appeal before a people's court of second instance pronounces its judgment, the court shall decide whether to approve the application or not."

 

第一百五十七条 第二审人民法院审理上诉案件，除依照本章规定外，适用第一审普通程序。

"Article 157 In the trial of a case on appeal, the people's court of second instance shall, apart from observing the provisions of this Chapter, follow the ordinary procedure for trials of first instance."

 

第一百五十八条 第二审人民法院的判决、裁定，是终审的判决、裁定。

Article 158 he judgment and the written order of a people's court of second instance shall be final.

 

第一百五十九条 人民法院审理对判决的上诉案件，应当在第二审立案之日起三个月内审结。

Article 159 The people's court trying a case on appeal shall conclude the case within three months after docketing the case.

 

有特殊情况需要延长的，由本院院长批准。

Any extension of the period necessitated¹⁵ by special circumstances shall be subject to the approval of the president of the court.

 

人民法院审理对裁定的上诉案件，应当在第二审立案之日起三十日内作出终审裁定。

"The people's court trying a case on appeal against a written order shall, within 30 days after docketing the case for second instance trial, make a written order which is final."

点击收听单词发音