This article is mainly aimed at the losing party in the first instance of civil cases and administrative cases.
Many parties do not know this place and do not know how to write it, some write a request to change the judgment, some write a request to remand for retrial or change the judgment, some write a request to reject the other party's litigation claim, and some write to support our claim, and there are all kinds of things. This place to remember that for more than 95% of cases, the key to your appeal request is one sentence: request a reversal of the judgment in favor of the appellant's claim in the first instance (when you are the plaintiff); Request for a change of judgment to dismiss the appellee's claim of first instance (when you are the defendant).
Some people wonder if they will only write a revised judgment, and it is impossible for the judge to remand for a new trial, answer: there is no such possibility. The essence of the revision of the judgment is greater than the scope of the remand for retrial, and the degree is deeper, and the revision of the judgment can be understood in a broad sense. If the court wants to change the outcome of the case, then even if the judgment is not changed, it will choose to remand for a new trial, that is, it will not be upheld because you do not write a remand for a new trial.
And if you only write a remand for retrial, then the case that you want to change the judgment of the second instance will also settle for the second best thing to meet your request for remand for retrial, and this will also reduce the workload of the second instance, and you will end up with more trouble. And if you write both, one is that the aforementioned situation is also prone to occur, and the other is to prove that your thinking is confused, and it proves that you are not confident in the case, and the effect is that the possibility of maintaining the second instance increases again.
In fact, this logic is very simple but very practical, the litigation claim is the forefront of the point of view, you must be confident and clear to show the point of view, support is support, rejection is rejection, do not be yes or no, hesitate. As for the remaining 5% mentioned above, you can choose to write with a request for remand for retrial, and in this kind of case, the parties are confident enough to determine that the best outcome of the second instance is to remand for retrial, but use it with caution.