Second instance court proceedings: detailed steps from how to prepare to how to proceed

The procedure of the second instance hearing is to do what you want first and then do what you want

In preparation before the trial, you have an important right to apply for recusal. If you think that the trial of this case may lead to unfairness, you can apply to recuse the judge, clerk and other relevant personnel. The process is similar to the first trial, if you have already gone through one.

In the court investigation stage, the appellant will first read out the appeal or the main reasons for dissatisfaction with the original judgment. The respondent will then file a defense. Next, the collegial panel will summarize the key points of the second-instance court’s investigation based on the disputes between the two parties. During the court investigation, the focus will be on these disputed points, including factual statements, evidence and cross-examination. At this stage, the appellant only needs to state the facts he recognizes and may provide new evidence for the second trial. In addition, the court certification status of the original trial evidence can also be stated.

The court argument is based on the facts and key points investigated by the court, putting forward the main arguments against the original judgment and pointing out how the second instance court should apply the law.

3. The collegial panel asks the parties whether they agree to mediation, and you can make a decision based on your own circumstances.

4. Make a final statement and tell how you want the court to rule.

5. Sign after verifying that the court record is correct.

6. If the verdict is announced in court, it will wait for deliberation by the collegial panel

7. If the sentence is announced on a regular basis, go home and wait for the sentence.

8. If you are still dissatisfied, you can file a complaint with the superior court of second instance and ask for a retrial. You can also file a complaint with the Civil Affairs Department of the Procuratorate and ask for a protest.

What is first instance and second instance

1) The jurisdiction of the court of first instance in civil cases

Our country has four levels of people's courts, namely the Supreme People's Court; higher people's courts, including the people's courts of provinces, autonomous regions, and municipalities directly under the Central Government; intermediate people's courts, including intermediate people's courts established by region within provinces and autonomous regions, and intermediate people's courts established by municipalities directly under the Central Government. People's courts, intermediate people's courts established in provinces, autonomous regions, and municipalities directly under the Central Government, intermediate people's courts in autonomous prefectures; grassroots people's courts, including county and district people's courts, and city people's courts without districts.

In order to facilitate the litigation by the parties and the trial and execution of the people's courts, the people's courts at all levels, as well as different people's courts at the same level, have different divisions of labor in hearing first-instance civil cases. This division of labor is also called the people's court's handling of cases. jurisdiction. The parties must file a lawsuit with the people's court with jurisdiction, and the people's court can hear and make a judgment on the case.

Jurisdiction is divided into level jurisdiction and regional jurisdiction. Level jurisdiction refers to the division of labor between the people's courts at the upper and lower levels according to the nature, scope of influence, and complexity of the case to determine which level of people's court will hear the case. Regional jurisdiction refers to the division of labor between the people's courts at the same level based on the domicile of the parties, the location of the subject of litigation, or the location of the legal facts that cause the occurrence, change, or elimination of legal relationships.

According to the provisions of the Civil Procedure Law, except for first-instance civil cases that are under the jurisdiction of the intermediate, higher or supreme people's courts according to the law, other civil cases are under the jurisdiction of the basic people's courts.

The Intermediate People's Court has jurisdiction over the following first-instance civil cases:

1. Major foreign-related cases. That is, the subject matter of the dispute is large, or the case is complex, or the country

Foreign-related cases involving a large number of foreign parties.

2. Cases with significant impact in this jurisdiction. That is, the impact of the case goes beyond the grassroots people’s courts

's jurisdiction has had an impact within the jurisdiction of the Intermediate People's Court.

3. The Supreme People’s Court determines that the cases shall be under the jurisdiction of the Intermediate People’s Court. Regulations of the Supreme People's Court

There are two main types of cases that are under the jurisdiction of the Intermediate People’s Court. One is cases related to patent disputes.

The first is maritime and commercial cases.

The Higher People's Court has jurisdiction over first-instance civil cases that have significant impact within its jurisdiction.

The Supreme People's Court has jurisdiction over the following first-instance civil cases:

1. Cases with significant impact across the country;

2. It is believed that the case should be heard by this court.

(2) Jurisdiction of civil cases of the court of second instance

The second instance mainly hears cases that are appealed after being dissatisfied with the first instance. There are no cases that go directly to the second instance from the beginning. All cases will go through the first instance, but will be filed in different courts depending on the jurisdiction of the courts at each level.

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