First, do you need to hire a lawyer in the second instance?
It is necessary to hire a lawyer.
1. You don't need a lawyer in the first instance, but you need a lawyer in the second instance.
Because the second trial is final, it is meaningless to appeal to the second trial, so it is prudent to ask a lawyer to be more professional.
Second, what are the chances of changing the sentence in the second instance?
If there is no new evidence, there is little possibility of changing the sentence.
1. China implements the system of two trials as the final instance, which means that the second trial is the final instance and there is no appeal. What is the probability that the case will be changed in the second instance? Under normal circumstances, if there is no new favorable evidence, the probability of changing the sentence in the second instance is not great. Only by mastering new favorable evidence, the chances of changing the sentence in the second instance will be greatly improved. If the facts are clear and the applicable law is correct, if there is an appeal, the court of second instance will reject its application.
2. According to the provisions of Article 177th of the Civil Procedure Law, after hearing an appeal case, the people's court of second instance shall handle it according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld the original judgment or ruling;
(two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law;
(3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained;
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial.
After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.
Third, how to identify the new evidence in the second instance of civil litigation?
The parties know the existence of evidence, but they don't get it because they don't know its value.
1 is evidence that has existed objectively within the time limit for adducing evidence, but has not been known and mastered by the parties concerned.
2. It is evidence that the parties know the existence of evidence and have the conditions to obtain it, because they don't know its evidence value, but the court has explained it.
3, the parties know that evidence exists, but due to objective reasons failed to obtain evidence within the time limit for proof.
4, is to refute the other party's claim or proof, and the evidence presented after the expiration of the time limit for proof.
5. It is the evidence that the parties cannot provide within the time limit for adducing evidence due to objective reasons, and the evidence postponed with the permission of the court cannot be provided within the extended time limit. Failure to listen to evidence may lead the referee to obviously violate the objective facts. However, if the parties fail to provide evidence within the time limit due to intentional or gross negligence, the "objective reasons" shall be clearly excluded.
In fact, in judicial practice, lawyers in most civil disputes are the same as lawyers in the second instance, and there are few cases of sudden change of lawyers in the second instance, because if lawyers do not participate in the trial process of the first instance, it will be very unfavorable for lawyers in the second instance to defend themselves.