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Is civil retrial review a comprehensive review

Luo* Shandong Heze Contract signing consultation 2020.10.13 23:34:24 6456 people read

Is civil retrial review a comprehensive review

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Hello, my answer to your question is that the second instance of civil litigation is not a review, but a procedure in the second instance. The review in the second instance procedure is a dual review of specific administrative acts and judgments in the first instance.
Civil Procedure Law of the People's Republic of China
The provisions of Article 168,
The people of second instance shall examine the relevant facts and the application of law of the appeal.
Article 169 The people of second instance shall form a collegial panel to hear an appealed case. After reviewing the files, investigating and questioning the parties, if no new facts, evidence or reasons are presented, and the collegial panel considers that it is unnecessary to hold a court session, it may not hold a court session.

Hello, my answer to this question is as follows, but the first trial verdict violates the prohibitive provisions of the law. Civil Procedure Law
Article 168
The people of second instance shall examine the relevant facts and the application of law of the appeal, except for those who refuse to hear the appeal and the legitimate rights and interests of others. Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China
Article 323
The people of second instance should try the case around the appeal request of the parties, but only on the appeal part, the second instance of civil proceedings is not a comprehensive trial. The party concerned fails to make a request, or damages the national interests and social and public interests

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