If the civil first instance judgment is lower, will the plaintiff s appeal uphold the original judgm

Whether the court of second instance will uphold the original judgment can only be determined after the court of second instance conducts a trial.

According to the provisions of the Civil Procedure Law, for ordinary civil cases, if the plaintiff is not satisfied with the judgment of the first instance, he may appeal; After hearing the appeal case, the court of second instance will make different judgments or rulings according to different circumstances

1. Where the facts ascertained in the original judgment are clear and the law is correctly applied, the appeal is rejected by way of a judgment and the original judgment or ruling is upheld;

2. Where the facts ascertained in the original judgment are erroneous or the application of law is erroneous, the judgment is to be changed, revoked, or modified in accordance with law by way of judgment;

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 judgment in absentia, or otherwise seriously violates legally-prescribed procedures, a ruling is made to revoke the original judgment and remand to the original people's court for retrial.

Code of Civil Procedure

Article 170:Second-instance people's courts are to handle appeal cases separately in accordance with the following circumstances after trial:

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.

Not necessarily, the case is retried on appeal, and the original judgment is generally more likely to be upheld.

Not necessarily, there is evidence to dismiss the verdict and retry it.

Legal Analysis] does not take effect. After the appeal of the first instance, the court of second instance will review the entire case, and all the contents will not take effect. Appeal refers to litigation in which a party declares dissatisfaction with a judgment or ruling that has not yet taken effect in the first instance within the statutory time limit, requests that a higher people's court conduct a trial, and revokes the original judgment or ruling.

The appeal must have a statutory appellate and a statutory appellant and appellee, and the appeal must be filed within the statutory appeal period. "Withdrawal of an appeal" refers to the litigation act of withdrawing the appeal request after the appellant has filed an appeal and before the second-instance people's court has pronounced its judgment. After the People's Court of Second Instance ruled to allow the appellant to withdraw the appeal, the appellant waived his right to appeal, and even if the statutory appeal period had not expired at the time of the withdrawal of the appeal, the appellant could not appeal again.

Second-instance people's courts hearing appeals may conduct mediation.

Legal basis] Civil Procedure Law of the People's Republic of China Article 169: Second-instance people's courts shall form a collegial panel for trial of appellate cases. After reading the case file, investigating and questioning the parties, if no new facts, evidence, or reasons are presented, and the collegial panel finds that it is not necessary to conduct a trial, it may not conduct a trial. The trial of an appeal case by the people's court of second instance may be conducted in that court, or may be conducted at the location of the case or the original people's court.

Summary. Legal basis: Article 231 of the Civil Procedure Law stipulates: "Where a party is dissatisfied with the first-instance judgment, it may appeal to the people's court at the next higher level within 15 days from the date on which the judgment is served. ”

Hello dear<>

Legal analysis: After the first-instance judgment takes effect, the defendant may appeal to the court of second instance in accordance with the provisions of the Civil Procedure Law. However, for the first-instance judgment in a criminal case, the defendant may also appeal to the second-instance court after the first-instance judgment takes effect, provided that Wang Yinhua files an appeal within the prescribed time limit for appeal, and meets the requirements for appeal as provided by law.

Legal basis: Article 230 of the Civil Procedure Law stipulates that: "If a party is dissatisfied with the first-instance judgment or the bureau's filial piety, he may appeal to the people's court at the next higher level within 15 days from the date on which the judgment is served." ”

If the first-instance judgment rendered by the people's court in a case has already taken effect, the defendant can no longer appeal, but can only apply to the people's court at a higher level for a retrial. According to the relevant provisions of the Civil Procedure Law of the People's Republic of China, if a party is dissatisfied with the first-instance judgment of a local people's court, he has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment.

1. How long is the appeal period for divorce by litigation?

In accordance with the provisions of the relevant laws of our country, if a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days from the date on which the judgment is served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served. People's courts hearing appeals against judgments shall complete trial within 3 months of filing the case in the second-instance trial.

Where there are special circumstances that require an extension, it is to be approved by the president of that court. People's courts hearing appeals against rulings shall make a final judgment within 30 days of filing the second-instance trial.

2. When is the time for appeal after the judgment is issued?

1. In civil cases, if a party is dissatisfied with the first-instance judgment of a local people's court, he or she has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

2. In criminal cases, the time limit for appeals and prosecutorial counter-appeals against judgments is 10 days, and the time limit for appeals and prosecutorial counter-appeals against rulings is 5 days, calculated from the second day after receiving the judgment or ruling.

3. What should I do if I am not satisfied with the divorce judgment?

If the parties are dissatisfied with the divorce judgment, they have the right to appeal to the people's court at the level above within 15 days from the date of service of the judgment.

People's courts hearing appeals against judgments shall complete trial within 3 months of filing the case in the second-instance trial.

Article 164 of the Civil Procedure Law of the People's Republic of China stipulates that if a party is dissatisfied with the first-instance judgment of a local people's court, he has the right to appeal to the people's court at the next higher level within 15 days from the date on which the judgment is served.

Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Article 171 of the Civil Procedure Law of the People's Republic of China.

Where a party is dissatisfied with the first-instance judgment of a local people's court, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served.

Where a party is dissatisfied with the first-instance ruling of a local people's court, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.

Article 172.

An appeal shall be filed with an appellate brief. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; the name of the original people's court, the case number, and the cause of action for dismantling; Request and grounds for appeal.

The plaintiff may not withdraw the lawsuit after the first-instance judgment. In civil cases, the plaintiff may not withdraw the case in a case where the court has pronounced a judgment, judgment, or decision. After the people's court accepts the case but before the judgment is announced, the plaintiff may request that the lawsuit be withdrawn.

According to the actual situation, since the case has already been adjudicated, the plaintiff cannot apply to withdraw the lawsuit, and if the plaintiff is not satisfied with the judgment, he may appeal within the appeal period, or he may apply for a retrial in accordance with the law.

1. Can I withdraw the case in a private chat after the traffic accident is reported?

1. If it does not constitute a criminal offense, and the parties have successfully negotiated the accident compensation, they may explain the situation to the traffic police and request that the case be withdrawn.

However, if there is an illegal act that needs to be punished, the traffic police should still punish it.

2. If the socks have been suspected of a criminal offense, they cannot withdraw the case from Sun Dong.

A party's application to withdraw a lawsuit refers to the plaintiff's request to withdraw the lawsuit after the people's court accepts the case but before the judgment is announced. An application to withdraw a lawsuit means that the plaintiff submits a request to the people's court to withdraw the lawsuit in written or oral form after the court accepts the case and before the judgment is pronounced.

2. Can a lawsuit be withdrawn if it has already been sued?

Withdrawal of a lawsuit refers to the act of the plaintiff requesting the withdrawal of the lawsuit after the people's court accepts the case but before the judgment is announced.

It depends on the specific situation

That. 1. In civil cases, where the parties have already filed a lawsuit, they may be withdrawn;

That. II. In criminal cases, except for private prosecutions, if the judicial organs have already filed and investigated the case, the victim cannot withdraw the prosecution.

3. How long does it take to withdraw the lawsuit for a dispute over a sales contract.

Disputes over sales contracts must be withdrawn before the people's court pronounces a judgment. The time for the court to make a decision is generally within 7 days of the application. Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court is to rule whether to approve it, and where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, the court may make a judgment in absentia.

"Withdrawal of a lawsuit" refers to the act of withdrawing a party's lawsuit after it is accepted by the court but before a judgment is made. From the original intent of the system, the withdrawal of litigation should be interpreted by the parties to take the initiative to submit an application for withdrawal of the lawsuit, that is, the disposition of the parties' own litigation rights.

Constitutive elements of an application for withdrawal of a lawsuit:

1. The subject applying for withdrawal of the lawsuit does not need to be repeated: only who initiates the lawsuit is eligible to withdraw the lawsuit;

3. The request for withdrawal of the lawsuit does not violate the provisions of the law and must not be harmful to the interests of the state, the collective and others;

4. The most important point is that the withdrawal of the lawsuit must be decided by the court. Where a party applies to withdraw the lawsuit, the court shall conduct a review in accordance with law, and if the conditions are met, rule to allow the lawsuit to be filed, and the trial of the case is concluded; where the conditions are not met, a ruling is made to reject the application and the case continues to be heard; In cases where a party applies to withdraw a lawsuit, the court may not allow the withdrawal of the lawsuit if the party has illegal conduct that needs to be handled in accordance with law.

Article 145 of the Civil Procedure Law of the People's Republic of China, where the plaintiff applies to withdraw the lawsuit before the judgment is announced, whether or not it is allowed is to be decided by the People's Law Court. Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia.

1. In judicial practice, not all civil litigation appeal cases uphold the original judgment, and the reason for upholding the original judgment is that the original judgment is clear, the facts determined in the ruling are clear, and the law is correctly applied.

2. In addition to upholding the original judgment, there may also be a judgment to change the judgment, revoke the guess or modify, and remand for a new trial.

3. After the first instance of civil trial, if the respondent is not satisfied with the verdict, he or she may file an appeal and go to the court at the next higher level to present the facts, reason, and decide whether or not it is not.