The second instance procedure and the retrial procedure are two independent trial procedures in civil proceedings. The procedure of second instance is the continuation and development of the procedure of first instance, and the retrial procedure is a remedial procedure to correct the wrong judgment of the people's court that has taken legal effect.
Both the second instance procedure and the retrial procedure are not necessary for the people's court to try civil cases.
The retrial procedure is a trial procedure with special nature that does not increase the trial level. Its characteristics are that the party's application for retrial cannot directly cause the occurrence of retrial procedure, that is, whether to initiate retrial procedure on the party's application is subject to the decision of the people's court after review.
Legal basis: In accordance with the provisions of the Civil Procedure Law, the people's court applies the system of the second instance being the final instance in the trial of civil cases. Only the first instance procedure can be applied in the trial of cases of first instance, and only the second instance procedure can be applied in the trial of cases of second instance.
As for the retrial procedure, whether the first instance procedure or the second instance procedure is applied to the retrial case, the trial shall be held in court and no judgment shall be made directly.