First, the statistics of the second-instance judgment results of insurance disputes
A total of 3626 insurance dispute adjudication documents from 2022/kloc-0 to June 30, 2022 were retrieved.
Through the intuitive analysis of the results of the second-instance judgment, it can be concluded that there are 2447 cases, accounting for 67.48%, which maintain the original judgment under the existing conditions; 376 complaints were withdrawn, accounting for10.37%; Other 342 people, accounting for 9.43%; There were 3 19 cases, accounting for 8.8%; Returned for retrial 142, accounting for 3.92%.
It can be seen that the second trial of insurance dispute cases only has about 10% chance to turn over.
Can I go to the Supreme Court if I refuse to accept the second trial?
If you refuse to accept the second trial, you can go to the Supreme Court. China implements the system of second instance and final judgment, and the judgment of second instance is final judgment. If you refuse to accept the second instance, you can apply to the people's court at the next higher level for retrial; A case in which one party has a large number of people or both parties are citizens may also apply to the people's court that originally tried the case for retrial. In other words, you can't directly appeal to the Supreme Law, but you should apply for retrial step by step.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 167 After receiving the appeal, the people's court that originally tried the case shall serve a copy of the appeal to the other party within five days, and the other party shall submit a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court. After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days.
Article 182 The judgments and orders of the people's court of second instance are final.
Article 225
After hearing the case of appeal or protest against the judgment of first instance, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment found the facts and applicable laws correct, and the sentence was appropriate, so the appeal or protest was rejected and the original judgment was upheld;
(two) the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, and the judgment should be revised;
(3) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial.