The main differences between the two are:
1, different objects. The object of retrial is the legally effective judgment or ruling, and the object of appeal is the first-instance judgment or ruling that has not yet been legally effective.
2. The subject range is different. The applicant for retrial is the party concerned and his legal representative or near relative; The main body of the appeal is the defendant, the private prosecutor, the parties to the incidental civil action and their legal representatives, the defendant's defender and the close relatives with the consent of the defendant.
3. The accepting organs are different. The organs accepting applications for retrial include both the people's court that originally tried the case and the people's court at a higher level, as well as the people's procuratorates corresponding to the people's courts at all levels; The organs accepting the appeal can only be the people's court that originally tried the case and the people's court at the next higher level.
4. The terminology is different. For the retrial procedure, the Criminal Procedure Law does not stipulate the time limit, but the latest judicial interpretation stipulates its time limit, generally within 2 years after the execution of the penalty; For the appeal, the law stipulates the time limit, that is, the time limit for refusing to accept the judgment and ruling the appeal is 10 and 5 days respectively.
5. The consequences are different. Retrial is only the source of materials to start the trial supervision procedure, and it cannot stop the execution of effective judgments and orders; However, the appeal will inevitably lead to the second-instance procedure, which will lead to the invalidation of the first-instance judgment and ruling.
The difference between retrial and second instance
First, the reasons are different: at first, because the parties refused to accept the invalid judgment and appealed to the higher people's court. Retrial is due to errors in the effective judgment or ruling. Second, the way of filing a case is different: the appeal of second instance can only be in written form. The way of retrial is more complicated. If a party applies to a people's court for retrial, it shall submit an application and effective legal documents.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: People's Republic of China (PRC) Civil Procedure Law.
Article 164 If a party refuses to accept the judgment of first instance of a local people's court, he shall have the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served.
If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
Article 199 If a party considers that a legally effective judgment or ruling is wrong, it may apply to a 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. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.