Civil appeal

Introduction: Civil appeal is a document submitted in the second instance. The following is a part of the civil appeal template I collected for your reference.

Selected template of civil appeal (I) Appellant (plaintiff in the original trial) Liu XX, male, Han nationality, born on X, 09XX, from Fengdu County, Chongqing.

Appellee (defendant in the original trial) Sun XX, male, Han nationality, born on XX 19XX, from Fengdu County, Chongqing.

Appeal request

1.(20 15) Feng Fa Min Chu Zi No. Revoke the 0 19 10 made by Fengdu County People's Court on August 4, 2065438 according to law.

Two. Matters supporting the appellant's request in the first-instance procedure: * * RMB 2,965,438+RMB 0,300.38. (1, medical expenses 58,205.07 yuan; 2. The necessary transportation cost is 2569 yuan; 3. The necessary accommodation fee is 498 yuan; 4. The food allowance during hospitalization is in 950 yuan; 5. The necessary nutrition fee is 5,000 yuan; 6, disability appraisal inspection fee of 990.9 yuan; 7. Disability appraisal and medical expenses appraisal 1800 yuan; 8. The lost time is 33,600 yuan; 9. Nursing expenses 14000 yuan; 10, disability compensation 1 10950.40 yuan; 1 1, and the living expenses of the dependent Liu Liping are 7838.438+06 yuan; 12, the living expenses of the dependent Liu is 4,898.85 yuan; 13, continuing medical expenses of 20,000 yuan; 14, mental damage compensation 30000 yuan).

Three. The costs of the first and second trial of this case shall be borne by the appellee (the appellant has paid in advance).

grounds of appeal

About the fact part

1, court of first instance? Found through experiments? Facts and mistakes in ascertaining facts.

? Found through experiments? Load: Later, Liu XX left the safety zone where he was standing alone. In the court investigation, the appellee has no evidence to show that the appellant? Leave the safe zone where you stand alone? On the contrary, the appellant cited public power? Enshi traffic police brigade? Proof? Facts have proved that the fact that the appellant caused the appellee's disability was in? In the process of tissue transfer? So the court of first instance caused it? Found through experiments? The content of is contrary to objective facts.

2. The witness testimony provided by the appellee is inconsistent with the objective facts.

First of all, the appellee did not apply to the court for a witness to testify in court within the statutory time limit before the expiration of the time limit for adducing evidence. Not only that, he didn't testify in court on the day of the trial, and he didn't take questions at any time before the judgment document was served. This procedure is illegal and affects the substantive judgment.

Secondly, a few days after the trial, the court took the initiative to contact the witness, asked by telephone and entered by computer, which took only six minutes. At the same time, it is necessary to constantly revise the witness's corrections for the witness to verify, and then it needs to be read to the witness and finalized after verification. Through this series of procedures, on the afternoon of August 3, 20 15, the appellant's agent found that the length of the transcript was roughly the same as that of the witness's transcript recorded by the court, but it took nearly 1 hour. Therefore, the court has doubts about the authenticity of the witness's telephone transcript.

Third, when the appellant's agent cross-examined the court transcript, he asked whether the court had verified whether the written testimony was written by the witness, but the court did not answer. So the testimony written by the witness is not objective and true. At the same time, the court did not verify the information provided by the court and the appellee? Witness? What's your phone number? Witness? My own, even? Witness? My phone number, then, who answered the phone at that time? Witness? Where did I answer it? The court did not answer this question. Therefore, it can be fully proved from this aspect? Witness? The testimony is not objective and true. Can't be used as a basis for the referee.

Fourth, should it? Witness? This is the only testimony, which belongs to the evidence that should be reinforced, and cannot be mutually confirmed with the appellee's statement in the trial, and there is no evidence chain. Such an isolated evidence without objective truth should be excluded in court and cannot be used as the basis for judgment.

Fifth, judging from the probative force of evidence, witness? If he lives in the same village as the appellee and his testimony is beneficial to the appellee but unfavorable to the appellant, then his testimony is of little probative force in favor of the appellee. On the contrary, the appellant cited the organs with state power for this fact? Enshi traffic police brigade? Proof? The agency has no interest with the appellant and the appellee, has credibility, and has much greater proof of the same fact than the appellee? Witness? The probative force of testimony. Should Enshi Traffic Police Brigade? Proof? Accept and deny? Witness? Testimony Thus, Enshi Traffic Police Brigade? Proof? It shows that the fact that the appellee fell into the culvert during the organization process and caused the appellant to be disabled is objective and true, and should be accepted as 2.

Sixth, the court did not explain the reasons for the identification of evidence materials in the original judgment document.

Seventh, the court's initiative to take witness testimony violates the legal provisions that the court should or can take it ex officio, because witness testimony does not belong to the circumstances and scope of the court's ex officio taking evidence, nor to the legal circumstances and scope of the parties' application for taking evidence, and its procedures are illegal, which affects the substantive judgment.

On the application of law

1, the constitutive elements of tort liability. Tort liability? Four elements? , including: tort, damage consequences, fault, causality. First of all, in tort liability, tort not only refers to injury, because injury focuses on the way of doing, but also includes the way of inaction. This is also the difference between Tort Liability Law and General Principles of Civil Law in similar cases. Secondly, in the Tort Liability Law, it is fault, not subjective fault. It should not be confused with subjective intention in criminal law. Even a subjective fault is impossible, right? Subjective? Interpreted as the infringer's inner thoughts, but it should be from? Behavior? Explaining whether there is fault from the perspective of subjective fault is in line with the original legislative intent and objective purpose interpretation theory. Combined with this case, the appellee has the obligation to protect the appellant's safety when transporting him, and the appellee should be more responsible for the appellant's safety in expressway at night. At the same time, the appellee is qualified to drive and knows how to drive safely better than the appellant. Then, the appellee's behavior of organizing the transfer is the duty and obligation stipulated by law and industry, and the appellee has also carried out this behavior, which is justified and necessary. However, the appellee failed to fulfill the duty of safety care. The appellee also had an act of inaction, that is, the appellee used a flashlight to change the tires of the vehicle in a hurry without ensuring the appellee's real safety. Obviously, it can make the appellee move to a safe place, but the appellee failed to do so. This is the appellee's inaction, and it is precisely because of this inaction that the appellee fell into the culvert. The appellee's above-mentioned failure to fulfill the obligation of safety and security combined with the inaction of conditionally providing lighting but not providing lighting is the cause of the appellant's disability. The existence of this causal link is self-evident. Here, there is another key point. The focus of the appellee's accident in expressway should be to ensure the safety of the people it transported. The repair and handling of vehicles should be reported to the relevant departments in time, and the appellee should not repair the vehicles by himself regardless of personnel safety.

From another point of view, the appellee should also bear the responsibility. Although the appellant's injury was not caused by the appellant's direct injury, it occurred during the appellee's transportation, and the safety of the appellant and other passengers in the same car was under the appellee's control, not on the ordinary road but on the expressway. There is a connection between the appellee's transportation behavior and the appellant's injury, and the appellee should also bear the responsibility.

To sum up, the appellee has tort and fault, the appellant has damage facts and results, and there is a direct causal relationship between the appellee's tort and the appellant's damage results. According to the Tort Liability Law, the appellee shall bear the tort liability.

According to the relevant provisions of China's Civil Procedure Law, we appeal to your hospital. Please revise the judgment according to law, support the appellant's appeal request and better safeguard the appellant's legitimate rights and interests.

Zhezhi

Chongqing No.3 Intermediate People's Court

Appellant: XX

Selected templates of civil appeals (II) Appellant (defendant in the original trial and counterclaim plaintiff): Zeng Qingming, male, Han nationality,197/kloc-0, born on February 2, 2008, from Tongzi County, Guizhou Province. I live at Group 57, Lejing Village 1 Huaqiu Town, Tongzi County, Guizhou Province. Tel: 1508 54 1 * * *

Appellee (plaintiff and counterclaim defendant in the original trial): Founder Guo, male, Han nationality,/kloc-0, born on July 3, 962, from Tongzi County, Guizhou Province. I live in Group 73, Lejing Village 1 Huaqiu Town, Tongzi County, Guizhou Province. Tel: 1528557 * * *

The appellant Zeng Qingming refused to accept the civil judgment of the People's Court of Tongzi County, Guizhou Province (20 14) Tongfa Minzi Chudi 1748 due to the dispute over the right to body and health, and now he appeals according to law.

Appeal request:

1. Cancel the civil judgmentNo. 1748 of Tongzi County People's Court (20 14) and send it back for retrial, or, on the basis of finding out the facts, change the judgment to support the appellant's first-instance claim according to law;

2. The expenses of the first and second trials of this case shall be borne by the appellee.

Reasons for appeal:

First, the original judgment found that the facts were wrong.

1, the court of first instance found? During the quarrel, the appellant put down the wood and beat the appellee about130m? The facts are wrong.

The Appellant and the Appellee are the Tang brothers, neighbors of Huaqiu Town, Tongzi County. Due to the long-term disagreement between the Appellant and the Appellee, at 9: 00 am on February 6, 20 14, the Appellee took advantage of the land harvested by the Appellee to verbally provoke the Appellee. Is the appellant carrying a coffin for himself? At the same time, when throwing stones at the appellant, the appellant put down the wood and had a dispute with the appellee. During the theoretical period, both sides scratched, which eventually led to skin lacerations on both the appellant and the appellee. It should be noted that during this arrest, the appellant was seriously injured, with a laceration wound of 4cm, and was hospitalized for 12 days, which was confirmed by the court of first instance? The appellant beat the appellee? There is no legal basis. Without finding out the facts of the case, the court of first instance ruled directly? Did the appellant leave the wood and run 130m to beat the appellee? This conclusion has no factual basis. Therefore, the court of first instance made mistakes in determining the cause and process of the dispute.

2. The court of first instance found the fact that the appellee was injured, but it was wrong not to find the fact that the appellant was injured.

In this case, both the Appellant and the Appellee were hospitalized with skin laceration on their foreheads due to scratching, and the Appellant's injury was 4cm on his right forehead. The injury certificate issued by Huaqiu Town Central Health Center in Tongzi County, which proves the appellant's injury. At the time of the original trial, the appellee and the court had no objection to the authenticity of the injury certificate submitted by the appellant. However, when the court of first instance ascertained the facts, it only ascertained the appellee's injury and treatment, but failed to ascertain the facts of the appellant's injury, which was wrong.

At the same time, it should be pointed out that due to the environmental conditions of Huaqiu Town Central Clinic, it is objectively impossible to provide official invoices and medication vouchers. However, it should be noted that from the evidence provided by Le Jing Village People's Mediation Committee, it is an objective fact that the appellant was injured due to the dispute and spent 65,438+065,438+000 yuan to treat the injury. It is difficult for people to understand that the court of first instance went to the local clinic to verify whether the appellant was injured or not, but directly denied the objective facts of the appellant's injury and treatment without investigating and verifying the relevant facts.

Second, the original judgment was wrong in applying the law, and obviously unfair was sentenced.

1, original determination? The appellee shall bear 80% of the liability for compensation, and the appellee shall bear 20% of the liability for compensation? This is a mistake in applying the law and unfair. Because the judgment of the court of first instance found that the dispute in this case was caused by the appellee insulting the appellant and provoking the trouble first, the appellant and the appellee were caught behind their backs, and both sides were hurt to varying degrees. In the case of similar injuries, the appellee should bear the main responsibility for this dispute. However, when the court of first instance divided the proportion of liability, the appellee only assumed 20% of the liability for compensation, which was unfair. Therefore, the court of first instance found that? The appellant shall bear 80% of the compensation liability, and the appellee shall bear 20% of the compensation liability? Its applicable law is wrong, according to the tort liability law, the general principles of the civil law and? Principle of fault liability? According to relevant regulations, it is more in line with the principle of fairness and justice for the appellee to bear no less than 60% of the losses in this case.

2. The original judgment? Reject the appellant's claim? There is no legal basis. The appellee and the appellant sought mediation from the local village committee on the dispute in this case. According to the mediation process of disputes between the two parties, it can be known that the appellant in this case was injured and hospitalized, and the treatment cost was more than RMB 1 100. Although the mediation failed, it can objectively and truly reflect the fact that the appellant was injured and hospitalized, as well as the relationship between the appellee and the appellant during the original trial. Three natures? No objection. Therefore, according to the mediation process of disputes between the two parties in Le Jing Village, the injury certificate of Huaqiu Town Central Health Center and the bill of outpatient charges of Yueqing Village Central Health Center in Huaqiu Town, combined with the facts of this case, an effective evidence chain can be formed to prove that the appellant was hospitalized due to the dispute in this case, and the court of first instance rejected all the claims of the appellant (counterclaim plaintiff).

3. The court of first instance found that some medical expenses and lost time in this case were wrong.

(1) Medical expenses of the appellee? Guizhou Aerospace People's Hospital medical expenses 557.2 yuan? It should not be borne by the appellant according to law.

After the appellee was injured, he was hospitalized in Tongzi County People's Hospital for 4 days and then discharged. Later, I went to Guizhou Aerospace People's Hospital for examination and treatment without the transfer certificate of the original treatment institution. According to the appellee's injury, it is unnecessary for the appellee to continue treatment in the municipal hospital. The expenses are the expenses for the appellee to expand the losses without authorization, and shall be borne by the appellee himself.

(2) The court of first instance ruled that the appellee had a rest 10 day, which was unfounded.

Combined with the appellee's injury (forehead scalp laceration), this injury does not affect the appellee's normal life and farming. According to the second paragraph of Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases? The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. ? The court of first instance ruled that the appellee had a rest of 10 days without any suggestions from the clinic, and the time limit for such delay was 14 days, which was obviously inappropriate. Therefore, the court of first instance ruled that the appellee had a rest of 10 days, which was unfounded in the law.

(3) The court of first instance found that the cost of the appellee's follow-up treatment and evaluation was borne by the appellant, and it was wrong to apply the law.

The appellee unilaterally entrusts a judicial appraisal opinion, suggesting that the follow-up treatment fee is 3,500 yuan. However, according to the appellee's injury, the appellee's injury has already healed and there is no need for follow-up treatment. In the trial of the original trial, the appellant made it clear that he did not recognize the judicial expertise. At the same time, in order to find out the truth of the case, the appellant submitted an application for re-appraisal to the court of first instance on the spot. It is required to re-evaluate the follow-up treatment expenses of the injured part of the appellee according to law. Unfortunately, the court won't allow it. Then, even if the court of first instance does not allow the appellant's application and the appellant objects to the judicial expertise, it is still unconvincing that the appraisal fee of the judicial expertise opinion 600 yuan should be borne by the appellant.

In addition, this case is a relative dispute in the same village and neighborhood, and both the appellant and the appellee were injured and hospitalized because of this dispute. The judgment of the court of first instance only supported the appellee's request (the plaintiff in the original trial and the counterclaim defendant) and rejected all the appellee's requests, which violated the general principles of civil law? Is it fair? Principles are not conducive to solving neighborhood conflicts.

To sum up, in order to show legal justice and safeguard the appellant's legitimate rights and interests, the appellant implored the court of second instance to change its judgment to support the appellant's appeal request according to law after finding out the facts in the trial.

Zhezhi

Zunyi intermediate people's court

Appellant: Zeng Qingming