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The original verdict may be upheld at the second-instance trial. This is because the judges of the first and second instance apply the same law, and they both follow the principle of taking the facts as the basis and the law as the criterion. Therefore, if the first instance applies[Legal basis].
is correct, the facts are clear, and there is no new evidence that can overturn the first-instance judgment, and the second-instance judgment is generally upheld.
The second-instance court asks the parties to the interview, do they have to go?
The parties to the second-instance trial hearing do not have to be present. It is sufficient to choose special authorization for the lawyer's authorization method, and there is no need to appear in court yourself. The second-instance trial procedure refers to the litigation procedure arising from the fact that a party to a civil lawsuit is dissatisfied with the first-instance judgment of the first-instance trial court that has not yet taken effect, and files an appeal with the people's court at the higher level within the statutory period, and is the procedure applied by the people's court at the second-instance level to hear the appeal case.
[Legal basis].Article 170 of the Civil Procedure Law of the People's Republic of China.
The second-instance people's court shall, after trial, handle the appeal case in accordance with the following circumstances:
1) Where the facts ascertained in the original judgment or ruling are clear and the law is correctly applied, the appeal is rejected by way of a judgment or ruling, and the original judgment or ruling is upheld;
2) Where the original judgment or ruling was erroneously ascertained in fact or the law was applied incorrectly, the judgment or ruling is to be changed, revoked, or modified in accordance with law;
3) Where the basic facts found in the original judgment are unclear, rule to revoke the original judgment and remand to the original people's court for new trial, or change the judgment after clarifying the facts;
4) Where the original judgment omits parties or makes an unlawful default judgment or seriously violates legally-prescribed procedures, a ruling is made to revoke the original judgment and remand to the original people's court for new trial. Where after the original people's court makes a judgment in a case remanded for new trial, and the parties raise an appeal, the second-instance trial court must not remand for new trial again.
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Legal Discussion and Analysis: **Trial: refers to the litigation burial activities in which the people's court conducts a substantive trial of the case in court on a certain date with the participation of the parties and other persons involved in the litigation, in accordance with the procedures and forms prescribed by law.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 134: People's courts hearing civil cases shall be conducted in public, except where state secrets, personal privacy, or otherwise provided by law.
In divorce cases or cases involving commercial secrets, where the parties apply for a closed trial, the trial may be held in private.
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**Trial: refers to the litigation activities in which the people's court, with the participation of the parties and other litigation participants, conducts a substantive trial of the case in court on a fixed date in accordance with the procedures and forms prescribed by law.
Through the first trial, the adjudicators will objectively determine the facts of the civil case in accordance with the provisions of the Civil Procedure Law, conduct a comprehensive review of the evidence, distinguish between right and wrong, and make a fair handling of the civil case, so as to realize the trial function of the people's court. Second, it is conducive to effective supervision of trial activities. ** The trial puts the trial process of the case under the supervision of the masses, increases the transparency of the trial activities, and is conducive to ensuring the fairness of the case handling.
Third, it is conducive to protecting the procedural and substantive rights of the parties. The Civil Procedure Law has made full provisions on the procedural rights of the parties in the trial and the methods of exercising them, and the trial is conducive to the parties fully exercising their procedural rights, consciously fulfilling their litigation obligations, ensuring the smooth progress of the trial activities, and ultimately protecting the civil substantive rights of the parties.
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The court hears the case, the plaintiff, the defendant, the claim, presents evidence, cross-examines the evidence, defends, and finally the judge decides.
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Legal analysis: Announcing the verdict in court is one of the forms of pronouncing the verdict. When the collegial panel completes deliberations or the trial work of a single judge is completed, the verdict is immediately announced in court.
Where the criminal judgment is announced in court, the judgment is to be delivered to the parties and the people's procuratorate initiating the prosecution within 5 days; Where a judgment in a civil or administrative lawsuit is announced in court, the judgment shall be sent to the parties within 10 days. Where the judgment is announced at court, the people's court is to inform the parties of their right to appeal, the time limit for appeal, and the appellate trial court.
Legal basis: Law of the People's Republic of China on the First Procedure of Civil Late Ascension
Article 12: When people's courts hear civil cases, the parties have the right to conduct debate.
Article 13: The principle of good faith shall be followed in civil code litigation of digital matters.
The parties have the right to dispose of their civil rights and litigation rights within the scope prescribed by law.
Article 14: People's procuratorates have the right to carry out legal supervision of civil litigation.
Article 15: State organs, social groups, enterprises, and public institutions may support the harmed units or individuals in bringing lawsuits in the people's courts for conduct that harms the civil rights and interests of the state, collectives, or individuals.
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Legal analysis: 1. The clerk shall find out whether the parties and other participants in the litigation are present in court and announce the court discipline. 2. The presiding judge shall announce **, and the presiding judge shall check the parties, announce the cause of action, announce the list of adjudicators and clerks, inform the parties of the relevant procedural rights and obligations, and ask the parties whether they have submitted an application for recusal.
3. Conduct a court investigation.
Legal basis: Article 152 of the Civil Procedure Law of the People's Republic of China: The judgment shall clearly state the outcome of the judgment and the reasons for making the judgment. The judgment reads:
1) The cause of action, litigation claims, and facts and reasons for the dispute; (2) The facts and reasons for the judgment and the applicable laws and reasons; (3) The burden of judgment results and litigation costs; (4) the period of appeal and the court of appeal. The judgment is to be signed by the adjudicator and clerk, and the seal of the people's court is to be affixed.
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