The second instance ruled that the first instance judgment was revoked and my lawsuit was dismissed.

The parties may re-collect relevant evidence and appeal again, otherwise the court of appeal will not accept it.

Legal analysis

According to relevant regulations, after the plaintiff is rejected by the people's court, he can seek other ways to protect his rights. After being rejected by the people's court, the judgment of the people's court has res judicata, and it will not be adopted unless it collects new evidence. However, if new evidence is collected and meets the conditions for prosecution, you can appeal again. The process of court prosecution is: 1. When a party brings a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be indicated; If the party is a unit, it shall specify the name, address, legal representative or person in charge of the unit; 2. According to the principle of "who advocates who gives evidence", the plaintiff should submit the corresponding materials when suing the court; 3. The filing court shall, within seven days after the parties perform the necessary procedures and submit relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receiving the notification of acceptance; 5. After filing the case, the court will arrange a hearing. How to bear the litigation costs: the acceptance fee shall be paid in advance by the plaintiff. If the defendant files a counterclaim, the case acceptance fee shall be calculated according to the counterclaim amount or price, which shall be paid by the defendant in advance. If it is really difficult for the parties to pay the legal fees, they may apply to the people's court for deferment, reduction or exemption. Whether to postpone, reduce or give up shall be examined and decided by the people's court. After the case is concluded, the people's court shall notify me in writing of the detailed list of litigation expenses and the amount that the parties should bear. At the same time, in the judgment, ruling or mediation, the litigation costs that each party should bear are stated. The parties shall settle the litigation expenses with the people's court on the basis of the receipt of payment and the judgment, ruling or mediation, and refund more and make up less.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 119 A prosecution must meet the following conditions: (1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case; (2) Having a clear defendant; (3) Having specific requests, facts and reasons; (4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

Article 154 The ruling shall apply to the following scope: (1) Inadmissibility; (2) Having objections to jurisdiction; (3) dismiss the prosecution; (4) preservation and prior execution; (five) to approve or disapprove the withdrawal of the lawsuit; (6) Suspension or termination of litigation; (seven) to correct clerical errors in the judgment; (8) Suspension or termination of execution; (9) Revoking or refusing to execute the arbitral award; (ten) do not execute the creditor's rights documents issued by the notary office; (eleven) other matters that need to be resolved by ruling. An appeal may be filed against the rulings in items 1 to 3 of the preceding paragraph. The written ruling shall specify the result of the ruling and the reasons for the ruling. The written ruling shall be signed by the judges and court clerks and stamped with the seal of the people's court. If the award is made orally, it shall be recorded in the record.