One, the legal basis

1, "Civil Procedure Law" article 153rd the people's Court of second instance cases on appeal, after hearing, according to the following circumstances, respectively:

(a) in the original judgment, the correct application of law, dismiss the appeal decision, upheld the original verdict;

(two) the original judgment error in the application of the law, the judgment shall be amended according to;

Three.The original judgment error of fact, or the original judgment facts unclear, insufficient evidence, rescind the original judgment, back to the trial court for a retrial,After the revision or ascertain the facts;

(four) the original judgment in violation of legal procedures, may affect the correct judgment of the case, ruled that the revocation of the original sentence, back to the trial court for a retrial.

The parties to the case for retrial judgment, ruling, can appeal.

 
2, the "PRC Civil Procedure Law" (hereinafter referred to as the "Civil Procedure Law" provisions of article 126th):"The plaintiff claims to increase, the defendant files a counterclaim, the third party claims related to the case litigation request, may adjudicate".

3, the Supreme People's court "some issues concerning the application of" the PRC Civil Procedure Law > opinions "(hereinafter referred to as the" civil ") the provisions of article 156th:"In the case, the court debate before the end of,The plaintiff claims to increase, the defendant files a counterclaim, the third party claims related to the case litigation request, can be handled together, the people's court shall adjudicate." 　

　
4, "the Supreme People's Court on civil procedure rules of evidence" (hereinafter referred to as the "rules of evidence"), given the deadline for claims. "Rules of evidence" thirty-fourth paragraph third: "the parties to increase, modify the claim or counterclaim, should put in evidence before the expiration of the term." proof period before the trial, litigation request change naturally should is in trial, but not in the trial or hearing after the. After the said expiration date, is not allowed to increase, modify the claim of the parties, unless the judicial interpretation of the provisions of article thirty-fifth exceptions.
"The provisions of article thirty-fifth" rules of evidence, procedure, validity of the legal relationship between the parties claim or the nature of civil action with the people's court according to the facts of the case made inconsistent, not subject to the restrictions prescribed in article thirty-fourth, the people's court shall inform the parties may modify the claim. The alteration of the parties litigation request, the people's court shall re specified time limit for adducing evidence.
 

5, the Supreme People's court interpretation of several issues concerning the application of the "PRC Civil Procedure Law" the procedure for trial supervisionArticle thirty-thirdThe people's court shall within specific retrial request scope or retrial cases in protest parties within the support request. Beyond the range increased, change the parties litigation request, does not belong to the scope of trial. But to national interests, social public interests, or the parties in the litigation has legally requirements increase, modify the claim, except the trial and not objectively cannot form the other lawsuits.The retrial ruled that the revocation of the original sentence, after remand, the increased litigation request, the people's court in accordance with the provisions of the Civil Procedure Law shall be handled 126th.("Civil Procedure Law" article 126th the plaintiff claims to increase, the defendant files a counterclaim, the third party claims related to the case litigation request, may be tried together.)

Two, the conclusion

To sum up, in the civil action rehearing stage, according to the procedure of first instance trial, the plaintiff can increase the burden of proof in proceedings before the expiration of the term of the request, the plaintiff claims to increase, the court may decide the merger trial.