[Direct answer]In the Beijing area, there is no fixed probability, which depends on whether there are correctable errors in the first-instance judgment and whether there is new evidence. According to Article 177 of the Civil Procedure Law of the People's Republic of China (adopted in 1991 and amended in 2023), the second-instance people's court shall handle the appeal case in accordance with the following circumstances: If the facts determined in the original judgment or ruling are clear and the law is correctly applied, the appeal shall be rejected by judgment or ruling and the original judgment or ruling shall be maintained; If the facts determined in the original judgment or ruling are wrong or the law is wrongly applied, the judgment or ruling shall be changed, revoked or modified according to law; If the basic facts determined in the original judgment are unclear, the original judgment shall be revoked and the case shall be remanded to the original people's court for rehearing, or the facts shall be clarified and a new judgment shall be made; If the original judgment omits parties or violates legal procedures such as holding a trial in absentia, the original judgment shall be revoked and the case shall be remanded to the original people's court for rehearing. In addition, according to Article 171, if a party is not satisfied with the first-instance judgment of the local people's court, he/she has the right to file an appeal with the people's court at the next higher level within 15 days from the date of delivery of the judgment; according to Article 183, the people's court shall conclude the appeal case within three months from the date of accepting the appeal. It can be seen that the premise of changing the judgment is to find specific problems in the fact determination, law application or procedures of the first instance, rather than simply expressing dissatisfaction.

1. Problem background and typical scenarios

After receiving an unfavorable first-instance judgment, the parties are most concerned about "whether the appeal can reverse the verdict". Typical situations include: the first-instance court failing to admit key evidence or determining the facts inconsistent with reality; the first-instance court's interpretation of contract terms being inconsistent with legal provisions; the first-instance court deviating from common sense in matters such as adjusting the liquidated damages and determining the amount of compensation for losses; the first-instance court having procedural issues such as improper service or omitting parties; and the discovery of new key evidence after the first-instance judgment. Different situations correspond to different grounds for appeal and expectations. It is of limited significance to make a general judgment about "the likelihood of a reversal of the verdict", and it is more effective to identify the problems in the first-instance trial one by one.

II. Key points of contention

First, there are issues at the level of fact determination, including the failure to cross-examine the main evidence, the non-acceptance of key evidence, and the improper allocation of the burden of proof. Second, there are issues at the level of legal application, including the misapplication of legal provisions and the interpretation of contract terms that does not comply with statutory rules. Third, there are issues at the procedural level, including the omission of parties, the illegal issuance of judgments in absentia, and the illegality of the trial organization. Fourth, whether it belongs to a matter of free discretion, such as the reduction of the penalty for breach of contract and the determination of losses. In the second instance, the court usually respects the discretionary space of the first instance. Fifth, the determination of new evidence. The new evidence in the second instance must comply with statutory circumstances and provide a reasonable explanation for the late submission of the evidence.

III. Professional analysis by Henglue Law Firm

The key to increasing the chances of a reversal of the judgment is to "make the appeal grounds concrete, detailed, and to the point". Firstly, distinguish the types of errors. Errors in legal application are the easiest to correct, while errors in factual determination require evidence to support them. Procedural violations may lead to a remand for rehearing rather than a direct reversal of the judgment. Secondly, focus on the core disputes. The appeal statement should revolve around one to three key issues, avoiding a comprehensive repetition of the claims made in the first instance and losing the focus. Thirdly, make good use of new evidence. For evidence newly discovered after the first instance or evidence that could not be submitted due to objective reasons, it should be submitted in a timely manner in the second instance with a justification, and its probative force should be evaluated. Fourthly, pay attention to the difference between a remand for rehearing and a reversal of the judgment. In cases of procedural violations or unclear basic facts, the second instance may choose to remand the case for rehearing, in which case it is necessary to continue to strive for a favorable outcome through the rehearing process. Fifthly, seize the opportunity for mediation. At the second instance stage, the parties' expectations of the outcome tend to become clearer, and it is also a common choice to achieve some of their claims through mediation. In practice, there is relatively more room for a reversal of the judgment in cases of disputes over legal application, contract interpretation, and factual disputes supported by new evidence; while for amount adjustments within the discretionary range, the scope of change in the second instance is usually limited. For cases involving litigation procedures and special rights protection, reference can be made accordingly.Specialised legal services; For contract disputes, you can refer to the following methods for resolution:Business and contract disputes in enterprises.

IV. Practical suggestions and legal basis

According to Article 171 of the Civil Procedure Law of the People's Republic of China (amended in 2023) regarding the appeal period, Article 172 regarding the content and submission of the appeal statement, Article 177 regarding the handling methods of the second instance, Article 183 regarding the time limit for the second instance, the "Several Provisions of the Supreme People's Court on Evidence in Civil Procedure" (amended in 2019) regarding new evidence and the burden of proof in the second instance, and Article 142 of the Civil Code of the People's Republic of China (implemented on January 1, 2021) regarding the interpretation of intent, it is recommended to follow four steps: First, immediately check the date of service after receiving the judgment to ensure that the appeal statement is submitted within 15 days to avoid losing the right of appeal; Second, sort out the specific issues in the first instance in terms of fact determination, legal application, and procedures one by one to form written appeal grounds; Third, collect additional evidence newly discovered after the first instance or evidence that could not be submitted due to objective reasons, and prepare a justification for the late submission; Fourth, evaluate whether to simultaneously apply for property preservation or change preservation measures to prevent the other party from transferring assets during the second instance, making it difficult to enforce the judgment. For issues related to litigation procedures and enforcement, please refer to the relevant provisions.Specialised legal services; For the recovery of funds, we can combine it withCreditor's rights and debts, and enforcement cases.

5. Henglue Law Firm's Advice

An appeal is not about "saying it again", but about "correcting mistakes accurately". Three reminders: First, don't miss the 15-day appeal period, as failure to do so will result in the loss of the right to appeal; Second, don't simply repeat the claims made in the first-instance trial in the appeal statement. Instead, you should clearly point out the specific errors in the facts, laws, or procedures of the first-instance trial; Third, don't underestimate the value of procedural issues. If there are serious violations of statutory procedures or unclear basic facts, the second-instance court may remand the case for rehearing, and there will still be room for negotiation in the future.Beijing Henglu Law FirmIt is recommended that the parties concerned consult a lawyer as soon as possible after receiving the judgment, evaluate the grounds for appeal and the plan for supplementing evidence, and then decide whether to appeal.

VI. Frequently Asked Questions

Q1: If I lose the first-instance trial, is there a high chance that the verdict will be overturned in the second-instance trial?

There is no fixed probability. If there are errors in the application of the law, errors in the determination of facts, or serious procedural violations in the first-instance trial, and supported by sufficient evidence, the possibility of a retrial or a remand for rehearing will be significantly increased; if the matter falls within the scope of the judge's discretion, the second-instance court usually respects the first-instance court's discretion and the scope of modification is limited.

Q2: What materials are needed to prepare for an appeal?

The first-instance judgment and service certificates, the appeal statement, the key evidence that was not admitted or omitted in the first instance, the new evidence in the second instance and the reasons for its late submission, the attorney's opinion, and the materials proving the party's qualifications; for disputes involving funds, it is also necessary to prepare the materials for the application for preservation of evidence.

Q3: How much does it cost to appeal?

The acceptance fee for the second-instance case shall be paid according to the amount of the appeal request at the standard rate, which is the same as that of the first-instance case; if a lawyer is engaged, the fee shall be calculated according to the proportion of the subject matter or by stages, subject to the provisions of the written power of attorney. Those who apply for property preservation shall pay the preservation fee separately and provide a guarantee.

Q4: How long will it take to get the result of the second instance?

According to Article 183 of the Civil Procedure Law, the appeal cases against the judgments shall be concluded within three months from the date of filing the second instance; where there are special circumstances requiring an extension, it shall be approved by the president of the court. Where the cases involve appraisal, evaluation, remand for retrial or reappeal, the period shall be extended accordingly.

Q5: What should I do first?

First, check the date of service of the first-instance judgment to confirm whether the 15-day appeal period has already started; then, sort out the specific issues in fact determination, legal application, and procedures of the first-instance trial item by item, and simultaneously collect the new evidence discovered after the first-instance trial, thereby forming targeted appeal grounds.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Specialised services - Legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.