If it is a civil or administrative case, the appeal will be rejected in the second instance, the original judgment will be upheld and the judgment will be used.
Legal basis:
The people's court of second instance in the first paragraph of Article 225 of the Criminal Procedure Law of People's Republic of China (PRC) shall, after hearing the appeal or protest case against the judgment of first instance, handle it separately according to the following circumstances:
(a) the original judgment found the facts and applicable laws correct, and the sentence was appropriate, so the appeal or protest was rejected and the original judgment was upheld;
Article 170, paragraph 1, of the Civil Procedure Law After hearing an appeal case, the people's court of second instance shall handle it separately 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;
Article 89, paragraph 1 of the Administrative Procedure Law The people's court shall handle an appeal case according to the following circumstances:
(1) If the facts are clearly ascertained in the original judgment or ruling and the applicable laws and regulations are correct, the appeal shall be rejected and the original judgment or ruling shall be upheld; "Reject the appeal and uphold the original judgment", this sentence can only appear in the second instance and retrial, and will never appear in the first instance. Because "judgment" refers to judgment, only the court can make a judgment, and the "original judgment" can be "maintained". Rejection of appeal means that after the ruling or judgment of the court of first instance is made, one party can appeal to the court of second instance for the ruling or judgment of first instance within the appeal period, and the court of second instance will maintain the original ruling or judgment after hearing and make an appeal of rejection.
In accordance with the provisions of Article 199 of the Civil Procedure Law, apply to the people's court that originally tried or the people's court at the next higher level of the people's court that originally tried for retrial. The people's court verifies the plaintiff's reasons for applying for retrial,
Under any of the circumstances stipulated in Article 200 of the Civil Procedure Law, a retrial shall be ruled according to law. 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. Article 223 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that the people's court of second instance shall form a collegial panel to hear the following cases:
(a) the defendant, the private prosecutor and his legal representative raised objections to the facts and evidence ascertained in the first instance, which may affect the conviction and sentencing;
(2) An appeal case in which the defendant was sentenced to death;
(3) Cases protested by people's procuratorates;
(4) Other cases that should be heard in court. If the people's court of second instance decides not to hold a hearing, it shall interrogate the defendant and listen to the opinions of other parties, defenders and agents ad litem. The people's court of second instance may hear an appeal or protest case at the place where the case occurred or the place where the people's court originally tried it. If the defendant is sentenced to death for intentional homicide in the first instance, the court of second instance shall hold a hearing; In other cases, the people's court may hold a hearing or conduct a hearing on questions.