1. Is it necessary to hire a lawyer for the second trial?
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 of changing the sentence 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 153 of the Civil Procedure Law, the people's court of second instance shall, after hearing the case, deal with it according to the following circumstances: (1) If the original judgment finds the facts clear and the applicable law is correct, it shall rule to reject the appeal and uphold the original judgment; (2) If the original judgment was wrongly applied by law, the judgment shall be changed according to law; (3) If the original judgment finds that the facts are wrong, or the original judgment finds that the facts are unclear and the evidence is insufficient, it shall revoke the original judgment and send it back to the people's court that originally tried the case for retrial, or revise the judgment after finding out the facts; (4) If the original judgment violates legal procedures and may affect the correct judgment of the case, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial. The parties may appeal against the judgment or ruling of the retrial case.
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.
If it is necessary to hire a lawyer in the second instance, if the parties are aware of the existence of evidence and do not provide it because they do not know its value, they may present the evidence produced after the expiration of the time limit for presenting evidence as new evidence to refute the other party's claim or provide evidence.