With reference to Article 342nd of the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC), the litigation acts implemented by the parties in the first-instance procedure are still binding on the parties in the second-instance procedure.
When the people's court overturns the litigant behavior of the parties in the procedure of first instance, it shall order the parties to explain the reasons. If the reason is untenable, it will not be supported.
Extended data
According to Article 120 of the Criminal Procedure Law of People's Republic of China (PRC), when interrogating a criminal suspect, investigators should first ask whether the criminal suspect has committed a crime, let him state the guilty circumstances or plead not guilty, and then ask him questions. A criminal suspect shall truthfully answer the questions of investigators. However, we have the right to refuse to answer questions irrelevant to this case.
When interrogating a criminal suspect, investigators should inform the criminal suspect of his litigation rights and truthfully confess the legal provisions that his crime can be dealt with leniently and pleaded guilty and given a lighter punishment.
According to article 12 1 of the Criminal Procedure Law of People's Republic of China (PRC), when interrogating a deaf-mute criminal suspect, someone familiar with deaf-mute gestures should participate, and this situation should be clearly recorded.
According to Article 122 of the Criminal Procedure Law of People's Republic of China (PRC), the interrogation record shall be checked by the criminal suspect and read to him if he can't read. If there are omissions or errors in the record, the criminal suspect may make additions or corrections. The criminal suspect shall sign or seal his name after admitting that it is correct in the record.
Investigators should also sign the records. If a criminal suspect asks to write a confession himself, it shall be allowed. When necessary, investigators may also ask the criminal suspect to write a confession in person.
Referring to Article 123 of the Criminal Procedure Law of People's Republic of China (PRC), investigators may record or video the interrogation process when interrogating a criminal suspect; For cases that may be sentenced to life imprisonment or death penalty or other major criminal cases, the interrogation process shall be recorded or videotaped. Audio or video recording should run through the whole process and remain intact.
Cangzhou Intermediate People's Court-Interpretation of the Application of People's Republic of China (PRC) Civil Procedure Law
Xinhuanet-People's Republic of China (PRC) Criminal Procedure Law