1, the first instance refers to the first trial of a case by the court. The procedure of first instance can be divided into ordinary procedure and summary procedure. In China, ordinary cases of first instance are under the jurisdiction of the basic people's courts, but cases of first instance with serious nature, complex problems and wide influence are under the jurisdiction of the Intermediate People's Court, the Higher People's Court and the Supreme People's Court. The Supreme People's Court's first trial is final.

2. The second instance, also known as the appeal trial procedure, is the steps and methods that the people's court of second instance should follow when trying the facts and applicable laws determined by the judgments and rulings of the people's court of first instance that have not yet taken legal effect according to the appellant's appeal or the protest of the people's procuratorate.

The final judgment is the last trial of the case by the court. China implements the system of second instance and final adjudication. Cases of second instance accepted by the Intermediate People's Court, the Higher People's Court and the Supreme People's Court, or cases of first instance tried by the Supreme People's Court, are final cases, and the parties may not appeal again.

Extended data

The present situation of the two-instance final adjudication system in China;

First, the quality structure of judges in grass-roots courts is unreasonable, and they have to undertake most cases, which is difficult to conform to the modern trial spirit. For example, the basic people's courts have jurisdiction over civil cases of first instance, unless otherwise provided for in this Law.

The Intermediate People's Court has jurisdiction over the following civil cases of first instance: major foreign-related cases; Cases with great influence in the region; Cases determined by the Intermediate People's Court in the Supreme People's Court. The Higher People's Court shall have jurisdiction over civil cases of first instance with great influence in its jurisdiction.

The Supreme People's Court has jurisdiction over the following cases: cases with great influence throughout the country; Cases tried by this court. In other words, all the fourth-level courts in China have the right to jurisdiction over civil cases of first instance, but it is usually the grass-roots courts that try civil cases of first instance. Most appeal cases are tried by intermediate people's courts, which makes the judicial needs of the parties have procedural limitations.

Baidu Encyclopedia-Two-instance Final Review System

Baidu encyclopedia-final review

Baidu encyclopedia-second trial

Baidu encyclopedia-first instance