Divided into criminal and civil

Criminal: (1) The sources of the cases are different

The first instance is a public prosecution initiated by the People's Procuratorate at the same level as the first instance court or a private prosecution initiated by a private prosecutor . The second instance is an appeal by the parties to the first instance case or a protest by the People's Procuratorate at the same level as the first instance court.

(2) The subjects of the trial are different

The first instance will review whether the criminal facts alleged in the indictment and private prosecution exist. The second instance will examine whether the judgment of the first instance that has not yet taken effect is correct.

(3) The courts with the power to hear cases are different

The first-instance court follows the rules of level jurisdiction, and any first-instance court can hear first-instance cases. The court of second instance must be the court above the court of first instance.

(4) Different trial procedures

The first instance must be heard in court, and those who meet the conditions can apply for a simplified trial. The second instance can be conducted in the form of a court hearing or investigation and interrogation, and summary procedures cannot be applied.

(5) Different trial organizations

The first instance can be in the form of a collegial panel or a single bench. When a collegial panel is used, people's assessors can also participate in the trial. The second instance can only take the form of a collegial panel, and people's assessors cannot participate in the trial.

(6) Different processing results and different effects

The first instance makes a verdict of guilty or not guilty. The first-instance judgment may not necessarily be legally effective. The second instance made a ruling to uphold the original judgment, remand the case for retrial, or directly change the judgment. Except for remanding the case for retrial, changing the sentence or upholding the death sentence, the second-instance judgment will take effect immediately.

(7) The first instance is a necessary procedure for every criminal case, but the second instance is not.

Civil;

(1) The applicable trial levels are different. The second instance procedure is heard by the court above the first instance court for appeals against the first instance. The procedure of the case. The second-instance court and the first-instance court of the same case have a superior-subordinate relationship. The same as the third point of criminal proceedings

(2) The reasons for initiating the procedure are different. The initiating of the first instance is Because of the litigation rights enjoyed by the parties and the court’s right to adjudicate disputed cases, the initiation of the second instance procedure is the exercise of the parties’ right to appeal and the court’s exercise of the supervisory power of the summer court stipulated in the law.

(3 ) procedures are established for different purposes. The purpose of the first instance is to resolve disputes and protect the legitimate civil rights and interests of the parties. In addition to the purpose of the first instance, the second instance also includes the purpose of realizing the supervision of the superior court over the lower court.

(4) The trial period and method are different. The court of first instance must hear the case in court, and the second instance case may or may not be heard in court. The trial period: the first instance period is 6 months, which can be extended under special circumstances. The simplified procedure is Three months. The period of second instance is three months for those who are dissatisfied with the judgment and 30 days for those who are dissatisfied with the ruling.

(5) The effectiveness of the judgment is different. The ruling made in the second instance procedure is different from The judgment is final and takes effect immediately upon delivery. Those who are dissatisfied with the judgment and ruling of the first instance may appeal. Rulings that cannot be appealed shall take effect immediately upon being announced.