Second instance hearing procedures:

1. Case filing

The parties concerned are dissatisfied with the judgment or ruling of the first instance court and appeal to the first instance court or the superior people's court within the statutory time limit; second instance The court will review the appeal materials and files transferred by the court of first instance, and if the conditions are met, the case will be filed.

2. When the court is held (the facts of the case are basically clear, there is no need for a court hearing, but a conversation with both parties is required), the parties must be notified 3 days in advance of the court time, location, and person in charge; for cases that are open to trial, the court date must be notified 3 days in advance. Announcement on the day; transferred to the trial court for trial.

(1) Announce the opening of the hearing, verify the identity of the parties, announce the members of the collegial panel, inform the parties of their rights and obligations, and ask whether to apply for recusal.

(2) Court investigation: the parties state the facts of the case.

(3) Evidence and cross-examination: Inform witnesses of their rights and obligations, testify, read out the testimonies of witnesses who are not present in court, and present documentary evidence, physical evidence and audio-visual materials; both parties express their opinions on the evidence materials.

(4) Court debate: The parties concerned argue and argue on the disputed facts and legal issues.

(5) Court mediation: Under the auspices of the court, the two parties agree to resolve the dispute.

(6) The collegial panel shall make a ruling in consultation, uphold the original judgment, change the judgment, or remand for a new trial.

(7) Sentencing.

Extended information

Article 169, paragraph 1, of the "Civil Procedure Law" stipulates: "The people's court of second instance shall form a collegial panel to hear the appeal case. After reviewing the files, investigating and questioning the parties, if no new facts, evidence or reasons are presented, the collegial panel may not hold a trial.”?

The parties have two important rights in the second instance. The first is the right to apply for recusal, and the second is the right to present new facts, evidence or reasons. The purpose of questioning the parties is to protect these two rights of the parties.

When making inquiries, the second-instance judge shall inform the parties of the collegial panel whether they have applied for recusal and whether there are any new facts, evidence or reasons. After questioning the parties, if it is determined that there are new facts, evidence or reasons, the case handler shall submit them to the collegial panel and a hearing must be held.

If it is determined that there are no new facts, evidence and reasons, an opinion should be submitted to the collegial panel not to hold a hearing. The collegial panel can decide not to hold a hearing. Since the second instance was initiated by the appellant, questioning the parties, especially the appellant, is the preliminary procedure for the second instance court to determine whether to hold a trial.

Reference sources: Baidu Encyclopedia? Second Instance

Laws and Regulations Network? Civil Procedure Law of the People's Republic of China