1, the reasons for the trial procedure are different. The occurrence of first-instance litigation is based on the right of prosecution of the parties and the jurisdiction of the court; The procedure of second instance is based on the parties' right of appeal and the court of second instance's right of trial supervision.

2. The trial level is different. The procedure of first instance is the procedure applied by the people's court to hear cases of first instance; The procedure of second instance is the procedure that the case is tried in the court of second instance, and the second instance is the procedure that the court at the next higher level of the court of first instance applies when trying the appeal case;

3. The trial organization is different. There are two organizational forms for the court of first instance to apply the procedure of first instance to hear civil cases, namely collegiate system and exclusive system; However, the court of second instance can only adopt the collegial system when applying the procedure of second instance to hear appeals, and the collegial panel must be composed of judges, and no jurors can participate;

4. The objects of trial are different. The procedure of first instance is based on the plaintiff's complaint and the defendant's defense, and the object of trial is the civil rights dispute between the two parties; The procedure of second instance is based on the judgment of first instance, which examines the relevant facts and applicable laws of the parties' appeal request, and the trial object is the judgment of the court of first instance;

5. The way of trial is different. Applying the procedure of first instance to hear civil litigation cases, the court can only adopt the way of hearing; When applying the procedure of second instance to hear a civil appeal case, the court can choose the way of hearing or sentencing according to the actual situation such as whether the facts of the case are clear;

6. The effect of the referee is different. During the appeal, the judgment made by applying the procedure of first instance is a judgment with no legal effect; A judgment made after the application of the procedure of second instance is a legally effective judgment, and the parties may not appeal.

Legal basis: Article 176th of the Civil Procedure Law of People's Republic of China (PRC).

The people's court of second instance shall hold a hearing to hear the appeal case. If the people's court does not present new facts, evidence or reasons after reading papers, investigating and questioning the parties, and considers it unnecessary to hold a hearing, it may not hold a hearing.