The circumstances of the second instance revision include:
1, the application of law in the original judgment was wrong;
2. The original judgment found that the facts were wrong, or the original judgment found that the facts were unclear and the evidence was insufficient, and the original judgment was revoked and sent back to the people's court that originally tried for retrial, or the judgment was changed after finding out the facts;
3. The plaintiff's claim has no factual and legal basis, but the original judgment supports his claim.
According to the law, if a party believes that a legally effective judgment or ruling is indeed wrong, it may apply to the people's court at the next higher level for retrial, but the execution of the judgment or ruling will not be stopped.
If the presidents of the people's courts at all levels find that the legally effective judgments or rulings of their own courts are under any of the prescribed circumstances, or the mediation violates the principle of voluntariness or the contents of the mediation document are illegal, they shall submit them to the judicial committee for discussion and decision.
The Supreme People's Court has the right to remand the case for retrial or instruct the people's court at a lower level for retrial if it finds that the legally effective judgment or ruling of the local people's court at all levels and the legally effective judgment or ruling of the people's court at a higher level are under any of the prescribed circumstances, or if it finds that mediation violates the principle of voluntariness or the contents of the mediation document are illegal.
Legal basis:
Article 89 of the Administrative Procedure Law of the People's Republic of China When trying an appeal case, the people's court shall handle it separately according to the following circumstances:
(1) If the facts are clearly ascertained in the original judgment or ruling and the applicable laws and regulations are correct, the appeal shall be rejected and the original judgment or ruling shall be upheld;
(two) the original judgment or ruling found that the facts were wrong or the applicable laws and regulations were wrong, and it was revised, revoked or changed according to law;
(3) If the original judgment finds that the basic facts are unclear and the evidence is insufficient, it shall be sent back to the people's court that originally tried the case for retrial, or the judgment shall be revised after finding out the facts;
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, 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.
If the people's court needs to change the original judgment when trying an appeal case, it shall also make a judgment on the sued administrative act. Article 153 of China's Civil Procedure Law stipulates: "When trying an appeal case, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment found that the facts were clear and the applicable law was correct, dismissed the appeal and upheld the original judgment;
(2) If the original judgment was wrongly applied by law, the judgment shall be changed according to law;
(3) If the original judgment finds that the facts are wrong, or the original judgment finds that the facts are unclear and the evidence is insufficient, it shall revoke the original judgment and send it back to the people's court that originally tried the case for retrial, or revise the judgment after finding out the facts;
(4) If the original judgment violates legal procedures and may affect the correct judgment of the case, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial. The parties may appeal against the judgment or ruling of the retrial case. "
This article is about how to deal with the appeal cases against the first-instance judgment. According to this provision, the court of second instance can reject the appeal, uphold the original judgment or revise the sentence according to the different facts ascertained by the court of first instance, the application of the law and the performance of legal procedures. You can also revoke the original judgment and send it back to the people's court that originally tried for a new trial.