The difference between the first instance and the second instance is as follows: the court that first tried is different, and the court of second instance is generally a court of one level higher than the court of first instance. On the other hand, the second-instance trial is a retrial of the result of the first-instance trial, depending on whether the dissatisfaction raised by the parties is against the result of the judgment in the first-instance trial, whether it is procedural dissatisfaction or dissatisfaction with conviction and sentencing. If there is an expression of dissatisfaction with the procedure, then the second instance will conduct a retrial of the procedure and order. If there is a dissatisfaction with the application of the law, then a new trial is held for the application of the law. If they are dissatisfied with both the procedures and the application of law, then the second-instance trial will conduct a retrial of the procedures and the application of the law to conviction and sentencing proposed by the parties.
In civil litigation cases, the difference between the first instance and the second instance is that the first trial level is different, generally speaking, the court of second instance is one level higher than the court of first instance, of course, in special circumstances, for example, the second instance of some summary procedures may also be in the basic court**, but usually the second instance is held in a higher level of court**. On the other hand, the second-instance trial is aimed at the dissatisfaction raised by the parties in the first instance, depending on which dissatisfaction the parties are targeting, whether it is procedural dissatisfaction or dissatisfaction with the judgment result. Then if it is a dissatisfaction with the procedure, then a new trial of the procedure will be conducted. Then if you are dissatisfied with the verdict, then the verdict will be re-tried, and some details in the verdict and the links of the entire case-handling process will be re-examined, such as re-examining from the prosecution, case filing, service, trial, judgment, etc., re-examining the entire evidence, re-identifying and reviewing the factual evidence of the entire case, and re-adjudicating the judgment.
In the second-instance case of civil litigation, if the parties present new evidence, and this new evidence is likely to affect the final judgment of the case, then the court will re-determine the accuracy of the evidence after considering the actual situation, and then conduct a new trial.
In the second-instance trial of a criminal case, if the parties present new evidence, and the new evidence can be sufficient to change the verdict, then the court, after comprehensively considering the actual situation, should accurately identify the new evidence taken out by the parties, judge its reliability, and then retry the case.