Legal basis
1. The second instance procedure is set up to ensure that the parties concerned exercise their right to appeal in accordance with the law and that the people's court at the next higher level conducts trials in accordance with the law.
All provisions of the Civil Procedure Law regarding the second instance procedure are for the trial of appeal cases. Therefore, the second instance procedure is the procedure for hearing appeal cases, also known as the appeal trial procedure. The judgment or ruling made by the people's court after applying the second instance procedure to hear an appeal case is final, and the parties may not appeal. Therefore, the second instance procedure is also called the final instance procedure.
2. Although the second-instance procedure and the first-instance procedure are two different procedures, the second-instance procedure is closely related to the first-instance procedure.
Specifically, the first-instance procedure is the premise and foundation of the second-instance procedure; the second-instance procedure is the continuation and development of the first-instance procedure, that is, continuing to hear the same civil case rather than starting to hear another new case.
After the second instance procedure occurs, the people's court at the next higher level will review whether the judgment and ruling of the first instance people's court are correct and legal in determining facts, applying law, and executing trial procedures based on the request of the appellant, and continue to exercise them. The judicial power granted by the state ultimately resolves disputes between parties to protect the legitimate rights and interests of the parties.
New evidence in the second criminal trial requires cross-examination. Cross-examination refers to an activity in which, under the auspices of the court, the parties, litigation agents, and third parties explain and debate the authenticity, legality, relevance, and existence and size of the evidence presented by the parties and third parties. process.
According to the "Criminal Procedure Law"
Article 61 Principles of cross-examination of witness testimony in court
Witness testimony must be approved by the prosecutor, victim, defendant, and defender Cross-examination and verification in court can serve as the basis for finalizing the case. If the court discovers that a witness intentionally gave false testimony or concealed criminal evidence, it shall handle it in accordance with the law.
According to the "Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China"
Article 78
The witnesses provided in court, Testimonies that have been cross-examined by both the prosecution and the defense and verified by the court shall serve as the basis for finalizing the case. If a witness's in-court testimony is inconsistent with his pre-trial testimony, and the witness can give a reasonable explanation and is corroborated by relevant evidence, his trial testimony shall be accepted; if he cannot give a reasonable explanation and his pre-trial testimony is corroborated by relevant evidence, his pre-trial testimony may be accepted. accepted. If a witness refuses to appear in court without justifiable reasons after being notified by the People's Court or refuses to testify after appearing in court, and the court cannot confirm the authenticity of his or her testimony, the witness's testimony shall not be used as the basis for finalizing the case.