Protesting through cassation is a method of superior courts' control over the law application activities of lower courts in settling cases, and at the same time is a means for people to seek justice in the settlement of cases. to resolve disputes and to protect their own interests. Here are 03 points to know about the appeal against cassation in civil cases.
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Appeal against cassation in Civil cases: 03 points to know (Illustration image)
1. Grounds for protesting against cassation
According to current law, cassation is the review of legally effective court judgments or decisions but are protested against by cassation when there are grounds prescribed in Article 326 of the Code of Procedures . civil 2015 . Specifically, a legally effective court judgment or ruling shall be protested against according to cassation procedures when there is one of the following grounds:
- The conclusion in the judgment or decision is not consistent with the objective details of the case, causing damage to the lawful rights and interests of the involved parties;
- There is a serious violation of procedural procedures, making the involved parties unable to perform their procedural rights and obligations, resulting in their legitimate rights and interests not being protected in accordance with law;
- There is a mistake in the application of the law leading to the issuance of incorrect judgments or decisions, causing damage to the lawful rights and interests of the involved parties, infringing upon public interests and the interests of the State; legitimate rights and interests of a third party.
2. Competence to protest through cassation
Currently, the law stipulates that there are four people competent to protest according to cassation procedures, including:
- The Chief Justice of the Supreme People's Court and the Chief Procurator of the Supreme People's Procuracy have the authority to protest according to cassation procedures against legally effective judgments or decisions of the High People's Court; legally effective judgments or decisions of other courts when deemed necessary, except for cassation decisions of the Council of Judges of the Supreme People's Court.
- The Chief Justice of the High People's Court and the Chief Procurator of the High People's Procuracy have the right to protest according to cassation procedures against legally effective judgments or decisions of the provincial-level People's Courts or the Courts of the People's Republic of China. district-level people within their territorial jurisdiction.
3. Procedures for protesting against cassation
Article 329 of the 2015 Civil Procedure Code clearly stipulates the procedure for receiving applications for consideration of legally effective court judgments or decisions according to cassation procedures.
Accordingly, the Court or Procuracy shall receive an application submitted by the involved party directly at the Court or Procuracy or sent by postal service and must record it in the application receipt book and issue a certificate of receipt of the application to the applicant. the. The date of sending the application is counted from the date the involved party files the application at the Court, the Procuracy or the date on which the postal service stamp is posted.
- Courts and procuracies will only accept applications when they have all the contents specified in Article 328 of the Civil Code .
If the application does not satisfy the conditions specified in Article 328 of this Code, the Court or Procuracy shall request the applicant to amend and supplement the application within 01 month from the date of receipt of the request. of the Court, the Procuracy; At the end of this time limit, if the applicant fails to amend or supplement the application, the Court or Procuracy shall return the application form, clearly stating the reason to the involved parties and make notes in the application receipt book.
- Persons competent to protest according to cassation procedures shall assign persons responsible for studying applications, notices, recommendations, case files, and reporting to persons competent to protest for consideration and decision; in case of not protesting, a written notice, clearly stating the reason, shall be sent to the involved parties, agencies, organizations and individuals that have made the written notice or recommendation.
- The Chief Justice of the Supreme People's Court shall assign the Judge of the Supreme People's Court, and the Procurator General of the Supreme People's Procuracy shall assign the Procurator of the Supreme People's Procuracy to study the petitions, notices and recommendations. , case files, to report to the Chief Justice of the Supreme People's Court and the Chief Procurator of the Supreme People's Procuracy for consideration and decision to protest.
In case of not protesting, the Chief Justice of the Supreme People's Court or the Chief Procurator of the Supreme People's Procuracy shall personally or authorize a Judge of the Supreme People's Court or the Procurator of the Supreme People's Procuracy to issue a petition. notify in writing, clearly stating the reasons, to the involved parties, agencies, organizations and individuals that have written notices or recommendations.
- The application form and enclosed documents and evidences of other individuals, agencies and organizations shall comply with Article 1 of Joint Circular 03/2013/TTLT-TANDTC-VKSNDTC dated October 15, 2013 of the Supreme People's Court. The Supreme People's Procuracy guides the implementation of a number of regulations on cassation and reopening procedures and special procedures for reviewing decisions of the Judges' Council of the Supreme People's Court.
- Current law stipulates that ordinary appeals will be within 3 years. Exceptions to the following cases will be extended by 2 years, specifically:
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The involved parties have filed an application as prescribed in Clause 1, Article 328 of the Civil Procedure Code 2015 and after the expiration of the 3 year time limit for protesting, the involved parties still continue to make applications.
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The legally effective court judgments or decisions violate the law as prescribed in Clause 1, Article 326 of the 2015 Civil Procedure Code , seriously infringing on the lawful rights and interests of the involved parties. , of a third party, infringing upon the interests of the community or the State and must protest to remedy errors in the legally effective judgment or decision.
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