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| 中华人民共和国民事诉讼法（英文版）（下） |
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| http://www.dffy.com 2007-1-19 17:17:42 来源：东方法眼 |
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Article 150. Within five days after receiving an appeal petition, the people s court which originally tried the case shall serve copies of the appeal petition on the other party. After receiving the copies of the appeal petition, the other party shall submit its defence within 15 days. The people s court shall, within five days from receiving the defence, serve copies of the defence 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.
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.
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.
Article 152. When handling an appealed case, the people s court of second instance shall form a collegial panel and conduct a hearing. Having verified the facts of the case by consulting the files, making necessary investigations and questioning the parties, if the collegial panel considers that it is not necessary to hold a hearing, it may make a judgment or order without a hearing.
A people s court of second instance may try an appealed case in its own court or in the place where the case originated or where the people s court which originally tried the case is located.
Article 153. After hearing an appealed case, the people s court of second instance shall handle it respectively according to the conditions set forth below:
(1) If the facts were clearly ascertained and the law was correctly applied in the original judgment, the appeal shall be rejected by judgment and the original judgment shall be sustained;
(2) If the law was incorrectly applied in the original judgment, the judgment shall be amended according to law;
(3) If in the original judgment the facts were incorrectly ascertained or were not clearly ascertained and the evidence was inconclusive, the judgment shall be rescinded and the case remanded by an order to the original people s court for retrial, or the people s court of second instance may amend the judgment after investigating and clarifying the facts; or
(4) If in the original judgment a violation of the prescribed procedure may have affected the correctness of the judgment, the judgment shall be rescinded and the case remanded by an order to the original people s court for retrial.
The parties may appeal against the judgment or order rendered in a retrial of their case.
Article 154. A people s court of second instance shall use orders in all cases of appeal against the orders made by the people s court of first instance.
Article 155. In handling an appealed case, a people s court of second instance may conduct conciliation. If an agreement is reached through conciliation, a conciliation statement shall be made and signed by the judicial personnel and the court clerk, and the seal of the people s court shall be affixed to it. After the conciliation statement has been served, the judgment of the people s court which originally tried the case shall be considered rescinded.
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本文关键词：民事诉讼
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