The trial procedure is different:

The trial procedure of the second instance is applicable, with the principle of trial in court and the exception of adjudication; However, remanding for retrial is subject to the procedure of first instance, and all cases must be heard in court, and no written trial or judgment can be made.

The trial period is different:

The trial will be concluded within 3 months from the date of filing the case of the second instance. If there are special circumstances that need to be extended, it will be approved by the president of our hospital; The people's court shall make a final ruling within 3 days from the date of filing the case of second instance, and it shall not be extended.

if remanded for retrial, the case shall be concluded within 6 months from the date of filing the case. If there are special circumstances that need to be extended, it may be extended for 6 months with the approval of the president of our hospital. If extension is needed, it shall be reported to the people's court at a higher level for approval; If the summary procedure is applied, it shall be concluded within 3 months and may not be extended. ?

The judgment has different effects:

The second instance is the final judgment, and once it is announced and served, it becomes legally effective, and the parties may not declare their dissatisfaction by way of appeal. The judgment made after remanding for retrial shall not take effect within the statutory appeal period, except that it may not be appealed according to law, and the judgment will take effect only if the parties fail to appeal at the expiration of the appeal period; During the appeal period, as long as the parties appeal, the judgment of first instance will not have legal effect.

Extended information:

In order to avoid the cycle of repeated appeals, the law limits the number of times remanded for retrial. Paragraph 2 of Article 17 of the Civil Procedure Law of the People's Republic of China stipulates that 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.

remand for retrial in the second instance procedure:

1. If the original judgment finds the facts wrong, or the original judgment finds the facts unclear and the evidence is insufficient, the original judgment is revoked and sent back to the people's court that originally tried the case for retrial.

2. 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.

3. If the people's court of first instance fails to hear or make a judgment on the litigation request that the parties have put forward in the first instance, the people's court of second instance may mediate according to the principle of voluntariness of the parties. If mediation fails, it shall be sent back for retrial.

4. If the parties who have to participate in the proceedings do not participate in the proceedings in the first instance, the people's court of second instance may mediate according to the principle of voluntariness of the parties. If mediation fails, it shall be sent back for retrial.

5. if the people's court of second instance thinks that divorce should be decided after the trial, it can mediate with the child support and property issues on the basis of the principle of voluntariness of the parties. If mediation fails, it will be sent back for retrial.

remand for retrial in the trial supervision procedure:

In a case brought to trial by a people's court or retried in accordance with the procedure of second instance, it is found that the original judgments of the first and second instance violate legal procedures during the trial:

The judges and clerks who tried the case should avoid those who did not evade, make a judgment without a court session, the parties who applied the ordinary procedure tried the case were absent from the judgment without a summons, and other serious violations of legal procedures may affect the correct judgment of the case.

if the people's court finds that the parties who should participate in the case are omitted from the original judgment of the first and second instance, it can mediate according to the principle of voluntary participation of the parties. If mediation fails, it will rule that the judgment of the first and second instance be revoked and sent back to the people's court that originally tried it for retrial.

Baidu Encyclopedia-sent back for retrial

Baidu Encyclopedia-Civil Procedure Law of the People's Republic of China.