Practice Relating to Rule 100. Fair Trial Guarantees
Section M. Right to appeal
China’s Criminal Procedure Law (1979), as amended in 1996, states:
If the defendant, private prosecutor or their legal representatives refuse to accept a judgment or order of first instance made by a local People’s Court at any level, they shall have the right to appeal in writing or orally to the People’s Court at the next higher level …
A defendant shall not be deprived on any pretext of his right to appeal.
China’s Organic Law of the People’s Courts (1979), as amended in 2006, states:
In the administration of justice, the people’s courts adopt the system whereby the second instance is the last instance.
From a judgment or orders of first instance of a local people’s courts, a party may bring an appeal to the people’s court at the next higher level in accordance with the procedure prescribed by law, and the people’s procuratorate may present a protest to the people’s court at the next higher level in accordance with the procedure prescribed by law.
Judgments and orders of first instance of the local people’s courts at various levels become legally effective judgments and orders if, within the period for appeal, none of the parties has appealed and the procuratorate has not protested.
Judgments and orders of second instance of intermediate courts, higher people’s courts and the Supreme People’s Court, and judgments and orders of first instance of the Supreme People’s Court are all judgments and orders of last instance, that is, legally effective judgments and orders.