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shàngsù: 上诉 - To Appeal (a legal case), Appeal
Quick Summary
- Keywords: 上诉, shàngsù, appeal in Chinese, file an appeal in Chinese, Chinese legal system, legal appeal China, 上訴 pinyin, what does 上诉 mean, how to say appeal in Chinese, Chinese law
- Summary: Learn the meaning and usage of 上诉 (shàngsù), the essential Chinese word for “to appeal” a legal decision. This comprehensive guide breaks down shàngsù into its core characters, explores its role in the Chinese legal system, and provides numerous practical example sentences. Understand how to talk about filing an appeal in Chinese, from formal court proceedings to everyday discussions about legal matters.
Core Meaning
- Pinyin (with tone marks): shàng sù
- Part of Speech: Verb, Noun
- HSK Level: HSK 6
- Concise Definition: To formally request that a higher court review and change the decision of a lower court.
- In a Nutshell: 上诉 (shàngsù) is the direct equivalent of the legal term “to appeal” or “an appeal”. It's a formal action taken when one party in a lawsuit is dissatisfied with the court's verdict and wants a higher authority to re-examine the case. Think of it as the legal way of saying, “I don't agree with this judgment, and I'm taking it to the next level.”
Character Breakdown
- 上 (shàng): This character's primary meaning is “up,” “on top,” or “to go up.” It can be visualized as a mark above a horizontal line. In the context of 上诉, it signifies moving 'up' the judicial hierarchy from a lower court to a higher one.
- 诉 (sù): This character means “to sue,” “to accuse,” or “to tell.” It's a combination of the “speech” radical 言 (yán) on the left and 斥 (chì), which means “to scold” or “to reprimand,” on the right. So, 诉 is fundamentally about using words (言) to make a formal complaint or accusation (斥).
When combined, 上诉 (shàngsù) literally translates to “to complain upwards” or “to tell a higher-up.” This beautifully and logically captures the essence of appealing a legal decision—taking your formal complaint up to a higher court for review.
Cultural Context and Significance
The concept of a legal appeal (上诉) in China is structurally very similar to that in Western countries; it is a fundamental right within the modern Chinese legal framework. However, the cultural attitude surrounding litigation can differ. In contrast to the more litigious nature of some Western societies like the United States, Chinese culture traditionally places a high value on 和谐 (héxié) - harmony. Resolving disputes through 调解 (tiáojiě) - mediation is often the preferred first step, as it aims to find a middle ground and preserve relationships. Therefore, deciding to go to court (起诉 - qǐsù), and especially deciding to 上诉 (shàngsù), can be perceived as a more significant and confrontational step. It signifies that harmony has irrevocably broken down and that one party is pursuing a definitive win-lose outcome. While it is a standard legal procedure, it is not undertaken lightly and is seen as the final resort after other avenues for resolution have failed.
Practical Usage in Modern China
上诉 is a formal, technical term used primarily in specific contexts.
- Formal Legal Context: This is its main domain. Lawyers, judges, court documents, and legal academics use it precisely. A common and important phrase is 提起上诉 (tíqǐ shàngsù), which means “to file an appeal.”
- News and Media: The term is frequently used in news reports covering high-profile court cases, business disputes, or legal reforms.
- Educated Conversation: While not an everyday slang word, educated individuals will use 上诉 when discussing legal matters they've read about or are involved in. It's the correct and only word for this specific legal action.
- Connotation and Formality: The term is neutral and highly formal. It simply describes a legal process and carries no inherent positive or negative judgment. You would never use it in a casual or joking manner.
Example Sentences
- Example 1:
- 被告决定向中级人民法院提起上诉。
- Pinyin: Bèigào juédìng xiàng zhōngjí rénmín fǎyuàn tíqǐ shàngsù.
- English: The defendant decided to file an appeal with the Intermediate People's Court.
- Analysis: This is a classic, formal sentence demonstrating the phrase “提起上诉” (to file an appeal) and specifying the type of court.
- Example 2:
- 如果你对一审判决不满意,你有权上诉。
- Pinyin: Rúguǒ nǐ duì yīshěn pànjué bù mǎnyì, nǐ yǒu quán shàngsù.
- English: If you are not satisfied with the first-instance verdict, you have the right to appeal.
- Analysis: This sentence explains the legal right to appeal. “一审” (yīshěn) means “first trial” or “first instance.”
- Example 3:
- 他的律师建议他不要上诉,因为胜算不大。
- Pinyin: Tā de lǜshī jiànyì tā búyào shàngsù, yīnwèi shèngsuàn bú dà.
- English: His lawyer advised him not to appeal because the chances of winning are not high.
- Analysis: This shows the strategic thinking behind the decision to appeal. “胜算” (shèngsuàn) means “chance of winning.”
- Example 4:
- 上诉法院驳回了他的请求,维持原判。
- Pinyin: Shàngsù fǎyuàn bóhuíle tā de qǐngqiú, wéichí yuánpàn.
- English: The court of appeal rejected his request and upheld the original verdict.
- Analysis: Here, 上诉 is used as part of a compound noun, “上诉法院” (appellate court). This sentence also introduces two key legal outcomes: “驳回” (bóhuí - to reject) and “维持原判” (wéichí yuánpàn - to uphold the original judgment).
- Example 5:
- 检察院认为判决太轻,也提出了上诉。
- Pinyin: Jiǎncháyuàn rènwéi pànjué tài qīng, yě tíchūle shàngsù.
- English: The prosecutor's office believed the sentence was too light and also filed an appeal.
- Analysis: This demonstrates that it's not just the defendant who can appeal; the prosecution (“检察院” - jiǎncháyuàn) can as well.
- Example 6:
- 整个上诉过程可能需要好几个月的时间。
- Pinyin: Zhěnggè shàngsù guòchéng kěnéng xūyào hǎo jǐ gè yuè de shíjiān.
- English: The entire appeal process might take several months.
- Analysis: In this sentence, 上诉 is used as a noun to describe the “appeal process” (上诉过程).
- Example 7:
- 我们必须在判决书送达后的十五日内提交上诉状。
- Pinyin: Wǒmen bìxū zài pànjuéshū sòngdá hòu de shíwǔ rì nèi tíjiāo shàngsùzhuàng.
- English: We must submit the appeal petition within fifteen days after the judgment is served.
- Analysis: A very practical sentence detailing a legal deadline. “上诉状” (shàngsùzhuàng) is the formal “appeal petition” document.
- Example 8:
- 上诉的主要理由是初审法官对证据的认定有误。
- Pinyin: Shàngsù de zhǔyào lǐyóu shì chūshěn fǎguān duì zhèngjù de rèndìng yǒu wù.
- English: The main reason for the appeal is that the trial judge made an error in the determination of evidence.
- Analysis: This provides the grounds for an appeal. “理由” (lǐyóu) means “reason.”
- Example 9:
- 那家公司输了官司,但他们公开表示会上诉到底。
- Pinyin: Nà jiā gōngsī shūle guānsi, dàn tāmen gōngkāi biǎoshì huì shàngsù dàodǐ.
- English: That company lost the lawsuit, but they publicly stated they would appeal to the very end.
- Analysis: “上诉到底” (shàngsù dàodǐ) is a strong phrase meaning to see the appeal process through to its conclusion, no matter what.
- Example 10:
- 他决定放弃上诉的权利,接受法院的判决。
- Pinyin: Tā juédìng fàngqì shàngsù de quánlì, jiēshòu fǎyuàn de pànjué.
- English: He decided to waive his right to appeal and accept the court's judgment.
- Analysis: This shows the alternative to appealing: “放弃” (fàngqì) - to give up or waive the right.
Nuances and Common Mistakes
The most common mistake for English speakers is to confuse the specific legal meaning of 上诉 with the broader, informal uses of the English word “appeal.”
- False Friend: “Appeal” (attraction) vs. “上诉”
- In English, you can say, “Classical music appeals to me.”
- Incorrect: 古典音乐上诉我。(Gǔdiǎn yīnyuè shàngsù wǒ.) This is completely wrong and sounds like classical music is suing you in a higher court.
- Correct: 古典音乐很吸引我。(Gǔdiǎn yīnyuè hěn xīyǐn wǒ.) - Use a word like 吸引 (xīyǐn) for attraction.
- False Friend: “Appeal” (a plea) vs. “上诉”
- In English, you can say, “He made an appeal for donations.”
- Incorrect: 他为捐款做了一个上诉。(Tā wèi juānkuǎn zuòle yíge shàngsù.) This implies he legally challenged a court decision about donations.
- Correct: 他为捐款发出了呼吁。(Tā wèi juānkuǎn fāchūle hūyù.) - Use a word like 呼吁 (hūyù) for a public plea or 请求 (qǐngqiú) for a personal request.
Key takeaway: Only use 上诉 (shàngsù) when you are talking about the formal legal process of challenging a court's decision in a higher court.
Related Terms and Concepts
- 起诉 (qǐsù) - To sue; to prosecute. The first step in a lawsuit, which comes before a potential 上诉.
- 败诉 (bàisù) - To lose a lawsuit. The party that loses may decide to 上诉.
- 胜诉 (shèngsù) - To win a lawsuit. The winner's opponent may decide to 上诉.
- 判决 (pànjué) - Verdict; judgment. This is the official decision from a court that one might 上诉 against.
- 法院 (fǎyuàn) - Court; courthouse. The institution where lawsuits and appeals are heard.
- 律师 (lǜshī) - Lawyer. The legal professional who assists with an 上诉.
- 原告 (yuángào) - Plaintiff. The party who initiates the lawsuit.
- 被告 (bèigào) - Defendant. The party being sued.
- 调解 (tiáojiě) - Mediation. A common method to resolve disputes in China, often used to avoid a trial and subsequent 上诉.
- 驳回 (bóhuí) - To reject; to dismiss. A common outcome for an appeal, e.g., “上诉被驳回了” (The appeal was rejected).