1. Check the court website: Many courts will provide case inquiry service on their official website. You can visit the website of the relevant court to check the progress and status of the trial. If the second trial has been filed, you should be able to find relevant information in the query results;
2. Go to the court to inquire: You can personally go to the window of the relevant court or the court office to consult the staff about the latest progress of the case. It may be necessary to provide information related to the case so that the staff can help with the inquiry;
3. Consulting a lawyer: If you hire a lawyer to represent the case, you can contact a lawyer to ask about the latest progress of the case and whether it has been filed in the second instance.
Conditions for filing a case
1, criminal facts: that is, the accepted case, the criminal suspect's behavior has violated the criminal law and constituted a crime. This criminal fact exists objectively, not subjectively;
2. Need to be investigated for criminal responsibility: that is, it is necessary to punish criminal suspects according to law. If his behavior only constitutes a crime and criminal responsibility should not be investigated according to law, the case shall not be filed. For example, acts that endanger society by irresponsible persons, or acts that benefit society because of self-defense, emergency avoidance, and performance of official duties. Another example is that theft does not meet the local standards for criminal filing of theft, and this cannot be filed;
3. Territorial jurisdiction: Public security organs can only govern cases that are governed by law, and cases that are not governed by law cannot be filed.
Materials needed for filing a case
1, complain. It must be signed by the plaintiff himself (if the plaintiff is a legal person, it should be stamped with the official seal and signed by the legal representative), and a copy of the complaint should be submitted according to the number of the other party;
2. Evidence materials, that is, to prove our litigation views and convince the judge to support his own reasons;
3. Subject qualification certificate. If the plaintiff is a natural person, provide the original ID card (returned to the plaintiff after checking with the copy) and a copy; If the plaintiff is a legal person, a copy of the business license and the unit code certificate shall be provided; Power of attorney, a clearly authorized power of attorney signed by the plaintiff when an agent is entrusted to file a civil lawsuit on behalf of the plaintiff;
4. The legal agent and the designated agent shall submit a copy of their identification materials and a copy of their relationship with the plaintiff. Others, such as the basis of jurisdiction, depend on the specific situation.
To sum up, the feasibility and applicability of the above methods may vary according to regions and specific situations. It is suggested to choose the most appropriate way to understand the case of the second instance according to the legal procedures and practices in your own area.
Legal basis:
Article 174th of the Civil Procedure Law of People's Republic of China (PRC)
When the people's court of first instance receives the appeal, it shall serve a copy of the appeal to the other party within five days, and the other party shall file 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.