Examples with "second-instance people" and their translation in Chinees
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Article 238:Second-instance people's courts discovering any of the following violations of legal procedures by the first-instance people's court at trial shall rule to revoke the original judgment and remand for new trial at the original people's court.
Article 241:In cases where the second-instance people's courts remands to the original people's court for retrial, the trial period will restart on the date on which the original people's court receives the remand.
Article 242:Except as provided by this chapter, the procedures for second-instance people's courts hearing appeals cases or prosecutorial appeals are conducted following the first-instance trial procedures.
Where an adjudication of innocence is given to change an original judgment in the second instance, the people's court which made the judgment of first instance and the organ which made the decision of arrest shall be the organ for compensatory obligations.
二审改判无罪的,作出一审判决的人民法院和作出逮捕决定的机关为共同赔偿义务机关。
Article 353:Where the Supreme People's Court makes a decision not to approve a death sentence, it may, based on the circumstances of the case, remand to the second-instance or first-instance people's court for retrial.
Where a party appeals directly to a people's court of second instance, the people's court of second instance shall, within five days, transfer the written appeal to the original trial people's court.
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。
Article 41 In trying civil cases of second instance, the people's court shall form a collegial panel of judges. The collegial panel must have an odd number of members.
第四十一条 人民法院审理第二审民事案件,由审判员组成合议庭。
For a case heard by the procedure of second instance, if the people's court holds that the case shall not be accepted by a people's court, the people's court of second instance can directly rule to cancel the original judgment and dismiss the complaint.
In the event that the party raises an administrative compensation claim during the trial of second instance, the people's court of second instance may organize mediation between the parties. if the mediation fails, the court shall notify the party raising such claim to file a separate case on it.
If the accused, the private prosecutor or the plaintiff or defendant in an incidental civil action files an appeal directly to the people's court of second instance, that people's court shall within three days transfer the petition of appeal to the people's court which originally tried the case, for delivery to the people's procuratorate at the same level and to the other parties.
For, all legal costs of people's Court of second instance, by the people's Court of original trial according to review the results, in accordance with the "civil litigation fees (for Trial Implementation)" Article 7 to Article 9 regulations determined the burden of litigation costs, and in the legal documents shall be indicated.
Article 194 Where a case is remanded by the people's court of second instance to the people's court which originally tried it for retrial, the people's court which originally tried the case shall count anew the time limit for trial from the day of receiving the remanded case.
If the parties reach a mediation agreement in the second instance, the people's court may, upon request of the parties concerned, review the mediation agreement reached by both parties and make a mediation paper and serve it on the parties concerned; if the action is withdrawn due to mediation, the people's court shall approve the withdrawal if the conditions for withdrawal of an action are complied with upon review.
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