Some people may have experience in litigation, but I hope everyone can try to avoid participating in litigation, whether as plaintiff or defendant. Personally, I have always held the view that litigation is the least efficient way to solve disputes, and excellent lawyers should help clients avoid low-value litigation as much as possible. But sometimes we have to use judicial means to protect our rights and interests. Today, I will share the positioning and relationship between the first trial and the second trial in civil litigation.
In litigation, the first trial is the most important, because the first trial may be the only opportunity to show the judge the whole story, that is, the first trial will try all the facts of the case; The judge of first instance will give the parties more time to state the facts of the case, so the judge of first instance will have a deeper understanding of the actual situation of the case.
The second trial mainly plays the role of error correction, and tries the factual errors and legal application errors of the first trial. Factual errors generally rely on new evidence to refute the facts on which the first-instance judgment is based. In the absence of new evidence, the judge of second instance is generally willing to trust the factual judgment of the judge of first instance. Errors in the application of law generally appear in cases with complex legal relations, and such cases themselves are relatively few; At the same time, in recent years, more and more law school graduates have entered the ranks of judges, and the theoretical level and professional level of the ranks of judges are also constantly improving, and there are few errors in the application of laws. Based on the above situation, the result of the second trial is more to maintain the judgment of the first trial. Although sometimes the judgment of the first instance may be biased in some parts, such defects are not enough to meet the standards of "unclear facts, insufficient evidence" or "obvious error in applicable law". In the end, under the balance, the judge of second instance still upheld the judgment of first instance.
If you are in litigation now, or have the idea of defending your rights and interests through litigation in the future, please seize the opportunity of first instance; If you are not satisfied with the result of the first trial, please objectively measure whether it is valuable to continue the second trial. Litigation is the way to solve disputes, but it is not the only way. Sometimes there is a second way to realize interests besides litigation.