If there are many debates in the court of first instance, the first court debate shall prevail, because the first court debate is the closest and the most fixed, and the amount of compensation is the most in line with the objective reality.
The reason for this is the following：
First, the retrial procedure is based on the original trial and cannot be completely equivalent to the first-instance procedure. Retrial (retrial) is to correct the mistakes of first instance and will not change the correct basis of first instance judgment.
Two, according to the provisions of Article 34 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings", the parties shall determine their own claims before the expiration of the time limit for adducing evidence stipulated in the original trial procedure.
Once a party brings a lawsuit, it shall be binding on itself and the people's court according to the principle of affirming creditor's rights or prohibiting estoppel. This binding force should be reflected not only in the original trial procedure, but also in the retrial procedure based on the original trial procedure.
Three, the principle of compensation for civil liability is to fill the loss. The legislative purpose of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases is also that the compensation for the infringed is a kind of compensation, not a punitive one.
4. Article 4 of the General Principles of Civil Law stipulates: "Civil activities shall follow the principles of voluntariness, fairness, equal compensation, honesty and credibility." If we leave the time when the case was first filed, which makes the calculation basis uncertain, then some people will benefit unjustly from it, and some people will bear the responsibilities they should not bear at the same time, and the principle of fairness in civil law will be destroyed.
Extended data:
Retail includes two situations:
First, the original judgment found that the facts were wrong, or the original judgment found that the facts were unclear and the evidence was insufficient, and the original judgment was revoked and sent back to the people's court that originally tried the case for retrial (retrial), or the judgment was changed after the facts were ascertained;
Two, the original judgment in violation of legal procedures, which may affect the correct judgment of the case, the original judgment shall be revoked and sent back to the people's court of the original trial for retrial (retrial).
It can be seen that remanding for retrial (retrial) means that the court of second instance handles the mistakes in the trial or judgment of the court of first instance. Retrial (retrial) procedure is based on the original judgment and cannot be completely divorced from the trial scope of the original judgment.
China court network-the significance of ending the "first trial" in the debate of the court of first instance in personal injury cases