Whether the second trial wins depends on whether the plaintiff has evidence to support his claim. If the evidence is sufficient, you can win the case. If the evidence is insufficient, the defendant may lose the case by submitting new evidence after the appeal.
After hearing the case, the people's court of second instance shall deal with it 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.
2. Requirements for civil litigation with clear litigation object (1) The plaintiff shall have civil capacity.
According to the General Principles of Civil Law,/kloc-citizens over 0/8 years old are adults with full capacity for civil conduct; /kloc-citizens over 0/6 years of age/kloc-citizens under 0/8 years of age whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct and have the right to bring a lawsuit in their own name.
If a minor or mental patient is a person with no capacity or limited capacity, his legal guardian shall act as the legal agent to represent him in litigation.
(2) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case. A consumer who brings a lawsuit must be a consumer or other victim whose legitimate rights and interests have been infringed upon in purchasing or using goods or receiving services.
(3) Having a clear defendant. According to Article 35 of the Consumer Protection Law, consumers can take sellers or service providers as defendants when their legitimate rights and interests are infringed.
Consumers who cause personal or property damage due to commodity defects may take the seller or producer as the defendant. The law gives consumers the right to sue producers and sellers, and consumers choose the object that is the most convenient for them to sue, the most capable of fulfilling the judgment and the easiest to find as the defendant.
(four) there are clear claims and factual reasons. That is, specifically put forward the fact that the operator violates the contract and infringes, the damage caused to himself, and the civil liability that the operator should bear.
(five) to the people's court with jurisdiction. It can include the following aspects:
1. In general civil cases, civil actions brought against legal persons or other organizations shall be under the jurisdiction of the people's court where the legal person is domiciled; If several defendants in the same lawsuit have their domicile or habitual residence in two or more people's courts, they may bring a lawsuit in one of the people's courts.
2. If there is any infringement, a lawsuit shall be brought to the court where the infringement occurred or where the defendant is located. The people's courts in the places where the products are manufactured, sold, infringed and the defendant's domicile have jurisdiction over lawsuits brought by unqualified products that cause property or personal injury to others.
3. Litigation rights in railway, highway, waterway, air transport and combined transport shall be brought to the court at the place of origin, destination or the place where the defendant is located. Litigation for damages caused by railway, highway, water and aviation accidents shall be brought to the court in the place where the accident occurred, the place where vehicles and ships first arrived, the place where aircraft first landed or the defendant's domicile.
3. What are the common types of civil litigation? It refers to the activities that the parties bring a lawsuit to the people's court because of the conflict of civil rights or economic interests, and the people's court files a case for acceptance. The people's courts, with the participation of both parties and other participants in litigation, try and solve civil cases, economic disputes and special cases that are prescribed by law to be tried by the people's courts, as well as the sum of legal relations arising from these litigation activities.
Generally speaking, when your personal and economic legitimate rights and interests are infringed, the parties concerned can punish the civil infringement and protect their legitimate rights and interests by playing a civil lawsuit.
Common types of civil litigation mainly include the following aspects:
(1) Disputes over property rights between citizens and between citizens and legal persons refer to disputes over the possession, use, income and disposal of property;
(two) disputes between citizens due to the sale, lease, loan, gift, pawn and other contractual acts, as well as disputes caused by inheritance.
(3) Debt disputes arising from unjust enrichment and negotiorum gestio, and compensation disputes arising from property damage.
(four) disputes caused by personal rights, mainly refers to the infringement of citizens' right to health, name, reputation, honor, portrait and so on.
(five) disputes caused by infringement of citizens' right of invention (patent right) and copyright (copyright).
(6) Disputes caused by marriage and family mainly include divorce, property division and child support disputes caused by divorce, and support, support and support disputes among family members.
(seven) disputes caused by economic contracts, enterprise employment, enterprise contracting, land contracting, neighboring rights, etc.
(eight) other civil litigation cases that should be accepted by the people's court according to the law or the judicial interpretation documents of the Supreme People's Court.