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2005•Journal of Yanbian UniversityRequires access

Who pays the Appeal Cost for the Re-trial Cases Returned From the Superior Court to the First-Trial Court

Piao Xing-zhen

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Abstract

The appeal cost should be paid before the appellant appeals the case in a superior court. If the case is returned to the first-trial court by the superior court, the cost of appeal should be accordingly paid by the first-trial court. But the current law only stipulates that the cost should be covered by the appellant. This paper argues that the law should be revised so that the appeal cost is paid by the first-trial court.

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What this paper is about

The appeal cost should be paid before the appellant appeals the case in a superior court. If the case is returned to the first-trial court by the superior court, the cost of appeal should be accordingly paid by the first-trial court. But the current law only stipulates that the cost should be covered by the appellant. This paper argues that the law should be revised so that the appeal cost is paid by the first-trial court.

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Available abstract

The appeal cost should be paid before the appellant appeals the case in a superior court. If the case is returned to the first-trial court by the superior court, the cost of appeal should be accordingly paid by the first-trial court. But the current law only stipulates that the cost should be covered by the appellant. This paper argues that the law should be revised so that the appeal cost is paid by the first-trial court.

Key concepts: Appeal, Law of the case, Trial court, Law, Court of record, Remand (court procedure), Political science, Court of equity

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