The effective time of the second-instance judgment is very clear in Chinese law regarding the first-instance judgment. From the date of delivery of the judgment, there is an appeal period of 15 days. If the judgment is not appealed after 15 days, it will take effect. As the second-instance judgment is final, there is no appeal period, and there is no clear regulation on when the second-instance judgment will be deemed to be effective. It is only stipulated in the "Civil Procedure Law of the People's Republic of China and the State" that "if the court pronounces a judgment, it shall be delivered within ten days after the judgment is delivered; if the judgment is pronounced regularly, that is, the people's court shall set another date after the conclusion of the trial. If a judgment is pronounced, the judgment shall be served immediately after the judgment is pronounced." However, in judicial practice, due to geographical or time reasons, when a judgment is pronounced on a regular basis, the court does not necessarily arrange a special hearing to read the judgment. Instead, it notifies the parties to collect the judgment or serves it to the parties. In this way, there will be situations where the date on which the judgment is signed and the date on which it is delivered are different, and the parties cannot sign and receive the judgment at the same time. But in this case, when should the effective date be calculated? At present, our country's law only stipulates that the second-instance judgment shall be the effective judgment and does not stipulate a specific effective time. So in judicial practice, there are mainly three different views: 1. The date when the second instance judgment takes effect; 2. The date when the second instance judgment takes effect; 3. The date when the second instance judgment takes effect. Then, since the law does not provide clear provisions, disputes may easily arise. "A judicial interpretation should be issued as soon as possible to clearly stipulate the time when the second instance judgment takes effect to avoid disputes." Generally, it takes effect from the date the judgment is delivered. Methods of service of judgments: direct service, lien service, entrusted service, mail service, and transmission service.
In judicial practice, the outcome after the second instance must be analyzed based on the specific circumstances: (1) If the original judgment determines the facts and applies the law correctly, and the sentence is appropriate, the appeal or protest should be dismissed and the original judgment upheld; (2) If the original judgment is correct in ascertaining the facts, but there is an error in the application of the law, or the sentence is inappropriate, the sentence should be changed; (2) If the original judgment is not wrong in ascertaining the facts, but there is an error in the application of the law, or the sentence is inappropriate, the sentence should be changed. Or if the sentence is inappropriate, the sentence should be changed; (3) If the facts found in the original judgment are unclear or the evidence is insufficient, the sentence can be changed after the facts are found out; it can also be ruled to revoke the original judgment and remand it to the original court for retrial; (4) The second-instance court believes that the first-instance court If the court's trial violates one of the procedures stipulated in Article 191 of the Criminal Procedure Law of the People's Republic of China, it shall rule to revoke the original judgment and remand the case to the original court for a new trial. Regarding the effective time of the second instance judgment, in practice there are three different views: the effective date of the judgment, the effective date of the judgment, and the effective date of delivery of the judgment. Under which circumstances it will take effect requires special judicial interpretation.