1, put on record
If a party refuses to accept the judgment or ruling of the court of first instance, it shall appeal to the court of first instance or the people's court at a higher level within the statutory time limit; The court of second instance shall examine the appeal materials and files transferred by the court of first instance, and if they meet the requirements, file a case.
2. When hearing a case (the facts of the case are basically clear, the court session may not be held, but talks must be held with both parties), the time, place and undertaker of the court session shall be notified to the parties three days in advance; Cases heard in public shall be announced 3 days in advance; Transfer to the court of first instance for trial.
(1) announce the court session, check the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for withdrawal.
(2) Court investigation: the parties state the facts of the case.
(3) Proof and cross-examination: inform witnesses of their rights and obligations, witness to testify in court, read out the testimony of witnesses who did not appear in court, and produce documentary evidence, material evidence and audio-visual materials; The two sides expressed their opinions on the evidence materials.
(4) Court debate: the parties debate and demonstrate the disputed facts and legal issues.
(5) Court mediation: Under the auspices of the court, the parties agree to settle the dispute.
(6) The collegial panel makes a collegial decision to uphold the original judgment, or revise it, or send it back for retrial.
(7) sentencing.
Extended data
The first paragraph of Article 169 of the Civil Procedure Law stipulates: "The people's court of second instance shall form a collegial panel when trying an appeal case. After reading papers, investigating and asking the parties, the collegial panel believes that no new facts, evidence or reasons have been put forward and there is no need for a trial. " ?
The parties have two important rights in the second trial, one is the right to apply for withdrawal, and the other is the right to present new facts, evidence or reasons. Questioning the parties is to protect these two rights of the parties.
When making an inquiry, the judge of second instance shall inform the parties whether to apply for withdrawal and whether there are new facts, evidence or reasons. After asking the parties, it is determined that there are new facts, evidence or reasons, and the case handler shall submit it to the collegial panel and must hold a hearing.
If it is determined that there are no new facts, evidence and reasons, it shall submit its opinions to the collegial panel, which may decide not to hold a hearing. Because the second trial was initiated by the appellant, asking the parties, especially the appellant, is the pre-procedure for the court of second instance to decide whether to open a court session.
Reference source: Baidu Encyclopedia? second trial
Laws and regulations network? People's Republic of China (PRC) Civil Procedure Law