Whether the judgment of the second instance upholds the original judgment depends on whether you have evidence to overturn the original judgment, and whether the court of first instance has made mistakes in ascertaining the facts and applying the law, as well as in procedure.
After hearing an appeal case, it shall be handled separately according to the following circumstances:
(a) the original judgment found that the facts were clear and the applicable law was correct, dismissed the appeal and upheld 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.
However, the judgment and ruling of the court of second instance cannot be appealed, because the judgment and ruling of the people's court of second instance are final. If you (the parties) think that there is a problem with the legally effective judgment or ruling, you can apply to the people's court at the next higher level for retrial, or you can apply to the people's procuratorate for protest and solve it through trial supervision procedures.
In any of the following circumstances, the people's court shall retry the application:
(1) There is new evidence sufficient to overturn the original judgment or ruling;
(two) the basic facts identified in the original judgment or ruling lack evidence to prove;
(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;
(four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined;
(five) the evidence needed for the trial of the case is not collected by the parties themselves due to objective reasons, and the people's court fails to investigate and collect the evidence in writing;
(6) The application of the law in the original judgment or ruling is indeed wrong;
(seven) in violation of laws and regulations, the jurisdiction is wrong;
(eight) the composition of the judicial organization is illegal or the judges who should be avoided according to law have not avoided;
(9) A person without capacity for litigation does not have a legal representative, or the party who should participate in the litigation does not participate in the litigation due to reasons not attributable to him or his agent ad litem.
(ten) in violation of the law, depriving the parties of the right to debate;
(eleven) without being summoned, the judgment is made by default;
(12) The original judgment or ruling is omitted or exceeds the claim;
(thirteen) the legal documents on which the original judgment or ruling was based were revoked or changed.
If the violation of legal procedures may affect the correct judgment and ruling of the case, or if the judges have committed corruption, bribery, favoritism and perverting the law in the trial of the case, the people's court shall retry the case.
Ask for a retrial of the case. Retrial shall be conducted after the judgment or ruling of the second instance is served and becomes effective. According to the above provisions, if you think that the courts of first and second instance have violated the law in ascertaining facts or applying laws and procedures, you can apply to the higher court, namely the Provincial High Court, for retrial, or you can file a protest application with the Provincial Procuratorate.
At present, your case is being tried in the second instance, and the Provincial High Court cannot intervene in your request for evidence. If the evidence you require is new, you can apply to the court of second instance for evidence. If the court of second instance considers it to be new evidence, it shall collect evidence or send it back to the court of first instance to collect evidence.