Will there be a retrial after the appeal is filed?

Cases filed with complaints may not necessarily be retried. As far as appeals are concerned, there are generally two outcomes. One is to reject the complainant's appeal and uphold the court's original judgment; The other is to find that the original judgment was wrong and send it back to the court of second instance for retrial. In fact, the chances of retrial of appeal cases are relatively low.

Not necessarily. It also needs to be judged according to specific cases, and the results of different cases are different. Generally speaking, there are two outcomes of appeal: 1. Reject the complainant's appeal and uphold the original judgment; 2。 The original judgment was found to be wrong and sent back to the court of second instance for retrial. If there are flaws in the procedure, the verdict may not change much. If it is an error in the application of the law, it can be changed. However, the chances of retrial are generally low.

Circumstances of changing the judgment in the second instance:

1, the application of law in the original judgment was wrong;

2. The original judgment found that the facts were wrong, or the original judgment found that the facts were unclear and the evidence was insufficient, and the original judgment was revoked and sent back to the people's court that originally tried for retrial, or the judgment was changed after the facts were ascertained.

3. The plaintiff's claim has no factual and legal basis, but the original judgment supports his claim.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 170 of the Civil Procedure Law of People's Republic of China (PRC). After hearing an appeal case, the people's court of second instance shall handle it separately according to the following circumstances:

(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld the original judgment or ruling;

(two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law;

(3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained;

(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial.

After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.