According to Article 170 of the Civil Procedure Law of People's Republic of China (PRC), the people's court of second instance shall, after hearing the case, deal with it according to the following circumstances: if the original judgment or ruling finds the facts clear and the applicable law is correct, the judgment or ruling will reject the appeal and maintain the original judgment or ruling; If the original judgment or ruling finds that the facts are wrong or the applicable law is wrong, it shall be judged, revoked or changed in the form of judgment or ruling according to law;
If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained; If the parties concerned are omitted from the original judgment or the legal procedures are seriously violated, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial. After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.
Extended data:
Relevant requirements for remanding for retrial stipulate that:
1. When the people's court tries a case or retries a case according to the procedure of second instance, it is found that the original judgment of the first and second instance violates the legal procedures stipulated in Article 18 1 of Several Opinions.
2. A civil action brought against a citizen shall be under the jurisdiction of the people's court where the defendant has his domicile; If the defendant's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of habitual residence. A civil lawsuit brought against a legal person or other organization shall be under the jurisdiction of the people's court where the defendant is domiciled.
3. The judge and the clerk who tried the case should avoid what they didn't avoid. If a judgment is made without trial, if the parties to the case tried by ordinary procedures fail to make a judgment without summons, or if other serious violations of legal procedures may affect the correct judgment and ruling of the case, the judgment of the first and second instance shall be revoked and sent back to the people's court that originally tried the case for retrial.
Ministry of Justice-People's Republic of China (PRC) Civil Procedure Law