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 statement of defence within 15 days from the date of receipt of such copy. The people's court shall, within five days from the date of receiving the statement of defence, serve a copy of it on the appellant. Failure by the other party to submit a statement of 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 With respect to a case on appeal, the people's court of second instance shall form a collegial panel to conduct the trial. After verification of the facts of the case through consulting the files, making investigations 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.

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.

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:

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

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

(3) if in the original judgment the facts were incorrectly or not clearly ascertained and the evidence was insufficient, 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 amend the judgment after investigating and clarifying the facts; or

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

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

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 courts of first instance.

Article 155 In dealing with a case on appeal, 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 officers and the court clerk, with the seal of the people's court affixed to it. After the conciliation statement has been served, the original judgment of the lower court shall be deemed as set aside.

Article 156 If an appellant applies for withdrawal 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.

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.

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

Article 159 The people's court trying a case on appeal shall conclude the case within three months from the date of docketing the case for second instance trial. Any extension of the period necessitated by special circumstances shall be subject to the approval of the president of the court.

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

Section 1

General Stipulations

Article 160 When the people's courts try cases concerning the qualification of voters, the declaration of a person as missing or dead, the adjudgment of legal incapacity or restricted legal capacity of a citizen and the adjudgment of a property as ownerless, the provisions of this Chapter shall apply. For matters not covered in this Chapter, the relevant provisions of this Law and other laws shall apply.

Article 161 In cases tried in accordance with the procedure provided in this Chapter, the judgment of first instance shall be final. A collegial panel of judges shall be formed for the trial of any case involving the qualification of voters or of any major, difficult or complicated case; other cases shall be tried by a single judge alone.

Article 162 If a people's court, while trying a case in accordance with the procedure provided in this Chapter, finds that the case involves a civil dispute over rights and interests, it shall make a written order to terminate the special procedure and inform the interested parties to otherwise institute an action.

Article 163 A people's court trying a case in which special procedure is followed shall conclude the case within 30 days from the date of placing the case on the docket or within 30 days after expiration of the period stated in the public notice. Any extension of the time limit necessitated by special circumstances shall be subject to the approval of the president of the court, excepting, however, a case concerning the qualification of voters.