Legal analysis: 1. The causes or subjects of the proceedings are different: the occurrence of the first-instance proceedings is based on the parties’ right to sue and the jurisdiction of the court; while the occurrence of the second-instance proceedings is based on the parties’ right to appeal and the jurisdiction of the second instance. The court has the right to supervise the trial; the second instance procedure begins because the parties are dissatisfied with the judgment of the first instance that has not taken effect and appeals to the higher people's court. That is, the occurrence of the second instance procedure is based on the exercise of the right of appeal by the parties; and the trial supervision procedure occurs. The subject can only be a state organ with the power of trial supervision. Only the People's Court and the People's Procuratorate can initiate retrials in accordance with trial supervision procedures. 2. Different filing methods: the first instance can be in oral form; appeals can only be in written form; the filing method of retrial procedures is relatively complicated. If the parties apply to the People's Court for retrial, they should submit an application and effective legal documents. 3. The time requirements for filing a lawsuit are different: the statutory statute of limitations for first instance is basically three years; appeals are subject to the appeal time limit, which is shorter; parties applying for retrial should apply within six months after the judgment or ruling becomes legally effective propose. 4. The subjects of the trial are different: the first-instance litigation procedure is based on the plaintiff's complaint and the defendant's statement of defense. The subject of the trial is the civil rights dispute between the two parties; the second-instance procedure is when the parties refuse to accept the first-instance verdict. A judgment that has not yet taken effect results from an appeal to the higher court. Therefore, the object of the second-instance procedure is whether the first-instance judgment is correct in determining the facts and applying the law; while the object of the retrial procedure is the effective legal document.

Legal basis: "Civil Procedure Law of the People's Republic of China"

Article 123 The people's court shall protect the parties' right to sue in accordance with the law. Prosecutions that comply with Article 119 of this Law must be accepted. If the case meets the conditions for prosecution, the case shall be filed within seven days and the parties shall be notified; if the conditions for prosecution are not met, a ruling shall be made within seven days and the case will not be accepted; if the plaintiff is dissatisfied with the ruling, he may appeal.

Article 164 If the party concerned is dissatisfied with the first-instance judgment of the local people's court, he or she has the right to appeal to the people's court at the next higher level within fifteen days from the date of delivery of the judgment. If the party concerned is dissatisfied with the first-instance ruling of the local people's court, he or she has the right to appeal to the higher-level people's court within ten days from the date of delivery of the ruling.

Article 168 The people's court of second instance shall review the relevant facts and applicable law of the appeal request.

Article 198: If the president of the people's court at any level finds errors in the legally effective judgments, rulings, or mediation documents of the court and believes that a retrial is necessary, he shall submit them to the judicial committee for discussion Decide. If the Supreme People's Court finds that there are indeed errors in the legally effective judgments, rulings, and mediation documents of local people's courts at various levels, and the people's courts at higher levels find errors in the legally effective judgments, rulings, and mediation documents of lower people's courts, it has the right to initiate a trial or Instruct the lower people's court to retry the case.

Article 199: If a party believes that a legally effective judgment or ruling is erroneous, it may apply to the people's court at the next higher level for a retrial; in cases where one party has a large number of persons or both parties are citizens , or you can apply to the original People's Court for a retrial. If a party applies for retrial, the execution of the judgment or ruling will not be suspended.