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How to handle the second instance after the ruling dismisses the appeal

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How to handle the second instance after the ruling dismisses the appeal


        

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  • 2024-06-09 11:00:49

    The appeal shall be rejected by a ruling, and the second instance after appeal shall be handled in such a way as to reject the appeal by a ruling and maintain the original ruling in the case that the facts in the original ruling are clear and the law is correct; In the case that the original ruling is wrong in finding facts or in applying the law, the ruling shall be adopted to revise, revoke or change the ruling according to law.
    Legal basis
    Article 177 of the Civil Procedure Law, the people's court of second instance, after hearing an appeal case, shall deal with it respectively according to the following circumstances: (1) If the original judgment or ruling clearly identifies the facts and correctly applies the law, the appeal shall be rejected by way of judgment or ruling, and the original judgment or ruling shall be upheld; (2) If the original judgment or ruling is wrong in ascertaining facts or in applying the law, the judgment or ruling shall be changed, rescinded or altered according to law; (3) If the basic facts found in the original judgment are not clear, a ruling shall be made to rescind the original judgment and remand it to the people's court of the original trial for retrial, or the judgment shall be changed after the facts are ascertained; (4) If the original judgment omits the parties or the judgment is made by default in violation of the law and seriously violates the legal procedure, a ruling shall be made to cancel the original judgment and remand it to the original people's court for retrial. If a party files an appeal after the people's court of first instance makes a judgment on the case remanded for retrial, the people's court of second instance may not remand the case for retrial again.

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    2024-06-09 11:00:49

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