If the first instance lawsuit fails. What is the probability of winning the second trial? The reason for winning the second trial depends on whether I can provide you with strong evidence. If the court of second instance thinks that the trial is really improper, it is likely to be sent back for retrial. Because the court tries cases based on facts and laws, the key to success or failure lies in whether the evidence of both parties can prove facts and claims. Moreover, in the court structure of our country, changing the sentence according to law only applies to the first-instance judgments of local courts and special courts other than the Supreme Court. In addition, the second-instance revision mentioned in this paper only follows the concept of general theory, which does not mean that it is a real revision, but a continuation of the revision. Whether the judgment of the court of first instance is correct depends on the understanding and judgment of the court of second instance. But we have to see the fact that if there is no appeal hearing, the judgment of first instance that has not yet taken effect will become an effective judgment in the future. This means that it is more difficult to change the judgment of the first instance after it takes effect. In any of the following circumstances, the court of second instance will revise the judgment: the people's court of second instance considers that the facts ascertained by the administrative organ are clear and the applicable law is correct. Maintain the administrative punishment of administrative organs. The people's court of second instance held that the facts of the first-instance judgment were unclear and the evidence was insufficient. Therefore, the judgment of the first instance was revoked and sent back to the people's court that originally tried for retrial. Or, after the people's court of second instance finds out the facts in the trial, it decides that the original administrative act shall be revoked, and directly judges the administrative organ to find out the facts and make a new administrative decision. For example, a factory publicizes registered trademarks in newspapers, but in fact these trademarks are not registered.

What is the probability that the first-instance lawsuit loses and the second-instance lawsuit wins?

The factory refused to accept it and filed a lawsuit. The people's court of first instance held that the facts ascertained by the administrative organ were clear, but the application of the law was wrong, and the advertising law should be applied. Supplementary information: Article 107 of the Civil Procedure Law of the People's Court of Second Instance shall be handled according to the following circumstances after trial: (1) If the facts of the original judgment or ruling are clear and the applicable law is correct, the appeal shall be rejected by judgment or ruling, and the original judgment or ruling shall be upheld; (2) The original judgment or ruling found that the facts were wrong or the applicable law was wrong, which should be amended, revoked or changed by the judgment or ruling; If it is conclusive, the original judgment shall be revoked and sent back to the people's court of first instance for retrial, or the judgment shall be revised after the facts are ascertained. Comment. The people's court of first instance makes a judgment on the case remanded for retrial, and after the parties appeal, the people's court of second instance may not hold a court session. The probability of winning the second trial of the Civil Procedure Law of Chinese government network depends on whether you can provide you with strong evidence. If the court of second instance thinks that the trial is really improper, it is likely to be sent back for retrial. Because the court tries cases based on facts and laws, the key to success or failure lies in whether the evidence of both parties can prove facts and claims. Moreover, in the court structure of our country, changing the sentence according to law only applies to the first-instance judgments of local courts and special courts other than the Supreme Court. In addition, the second-instance revision mentioned in this paper only follows the concept of general theory, which does not mean that it is a real revision, but a continuation of the revision. Whether the judgment of the court of first instance is correct depends on the understanding and judgment of the court of second instance. But we have to see the fact that if there is no appeal hearing, the judgment of first instance that has not yet taken effect will become an effective judgment in the future. This means that it is more difficult to change the judgment of the first instance after it takes effect. In any of the following circumstances, the court of second instance will revise the judgment: the people's court of second instance considers that the facts ascertained by the administrative organ are clear and the applicable law is correct. Maintain the administrative punishment of administrative organs. The people's court of second instance held that the facts of the first-instance judgment were unclear and the evidence was insufficient. Therefore, the judgment of the first instance was revoked and sent back to the people's court that originally tried for retrial.

What is the probability that the first-instance lawsuit loses and the second-instance lawsuit wins?

Revoke the judgment of the original administrative act and directly pronounce the administrative organ to make an administrative decision after verifying the facts. For example, a factory publicizes registered trademarks in newspapers, but in fact these trademarks are not registered. The administrative organ shall impose a fine in accordance with the provisions of the Trademark Law on counterfeiting registered trademarks. The people's court of first instance held that the facts ascertained by the administrative organ were clear, but the application of the law was wrong, and the advertising law should be applied. Procedure for postponing the second trial: Article 164 of the Civil Procedure Law of People's Republic of China (PRC). If a party refuses to accept the judgment of first instance of the local people's court, it has the right to appeal to the people's court at the next lower level within 15 days. Within a few days from the date of service of the judgment. If a party refuses to accept the ruling of first instance of the local people's court, it has the right to appeal to the court at the next higher level within 10 days from the date when the ruling is served. Article 165 An appeal shall be filed at the same time. The contents of the appeal shall include the names of the parties, legal persons and their legal representatives, or the names of other organizations and their principal responsible persons, as well as the names of the people's courts that tried the cases. Number, as well as the cause of action and appeal. Article 166 An appeal shall be filed through the people's court of first instance, and copies shall be submitted according to the number of parties or the other party. If a party directly appeals to the Second People's Court, the Second People's Court shall transfer the appeal to the First People's Court within five days. How does the people's court of second instance try? Reference materials of China People's Congress. People's Republic of China (PRC) civil procedure law. If the appellant has no new evidence, the chances of changing the sentence will not be high. The second case of civil litigation is because the parties to the first-instance judgment have objections to the process of restarting the court proceedings. The second example may change the sentence and keep the original sentence. The court of second instance can change the judgment according to law, including two situations: First, the facts of the judgment of the court of first instance are clear, but the law is wrong, and the people's court of second instance applies it again. According to the facts identified by the court of first instance, make laws and make judgments to change the original judgment. It is wrong to discover the facts. Secondly, the facts identified in the first-instance judgment are unclear and the evidence is insufficient. The court of second instance made a judgment after finding out the facts and changed the original judgment. The mistake of fact finding mentioned here means that fact finding is untrue, and fact finding is based on false or forged evidence. Unclear identification of facts means that there is insufficient evidence and the facts of the case are not clearly investigated. The verdict has been made. Extended information:

After trial, the following cases were handled separately: (1) If the facts were clearly ascertained in the original judgment or ruling and the applicable law was correct, the appeal was rejected and the original judgment or ruling was upheld; (2) If the original judgment or written order is wrong and the applicable law is wrong, the judgment shall be revised, revoked or changed according to law; (3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained; (4) If the parties to the original judgment fail to perform or the judgment has no legal basis, which 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. The people's court of first instance makes a judgment on the case remanded for retrial, and after the parties appeal, the people's court of second instance may not hold a court session. Reference: Chinese government network. If the civil procedure law loses in the first instance, unless you have special evidence, it is unlikely that you will try to overturn it on February 2. Unless there is new evidence to prove that the first-instance lawsuit failed, it is usually difficult to win the second instance. Reason: The court hears cases according to facts and legal principles. Therefore, the key to winning or losing is to see whether the evidence of both sides can prove the facts and claims. If there is enough evidence to prove this, the court will pay the claim and decide to win the case and the other party will lose. So the court of second instance is similar. There is nothing new, there is no mistake in the first instance, and there is basically no possibility of winning the case.

If the lawsuit in the first instance loses, what are the chances of winning in the second instance?

When the first trial loses, it is generally difficult to win the second trial unless there is new evidence to prove it. Reason:

In handling cases, the court shall take facts as the basis and law as the criterion. Therefore, the key to winning or losing a case lies in whether the evidence of both parties can prove the facts and claims.

If there is enough evidence to prove it, the court will pay the legal fees and decide that it wins the case and the other party loses. Therefore, the court of second instance is similar, nothing new, the judgment of first instance is correct, and there is basically no possibility of winning the case. The law is always the patron saint of the victims.