What does retrial mean and what does retrial mean?

Retrial refers to the right of the parties to appeal to the court at the next higher level of the court where the effective judgment was rendered if they are dissatisfied with the original trial, but only if the higher court agrees to hear the case or designates a lower court to hear the case, will a retrial ruling be made

The purpose of retrial is to correct some erroneous judgments or rulings that have already taken legal effect, and the methods that can initiate a retrial include the court or procuratorate submitting a retrial and the parties applying for a retrial. When parties submit a retrial, they may apply to the people's court at the level above, and may also apply to the people's court at the same level.

Legal basis: Article 199 of the Civil Procedure Law of the People's Republic of China: Where a party finds that a judgment or ruling that has already taken legal effect is in error, it may apply to the people's court at the level above for a retrial; In cases where one of the parties is large or both parties are citizens, an application may also be made to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

Article 241 of the Criminal Procedure Law of the People's Republic of China The parties and their legally-designated persons and close relatives may submit a complaint to the people's court or people's procuratorate against a judgment or ruling that has already taken legal effect, but the enforcement of the judgment or ruling cannot be stopped.

"Case retrial" refers to a special relief procedure in which the court rehearses and makes a judgment on the original case, also known as the "case", in accordance with the procedures prescribed by law, when there are grounds for retrial of a judgment or ruling that has already taken legal effect.

In any of the following circumstances, an application may be made to the people's court for a retrial:

1. There is new evidence sufficient to overturn the original judgment or ruling;

2. The basic facts ascertained in the original judgment or ruling lack evidence to prove them;

3. The main evidence of the facts ascertained in the original judgment or ruling was forged;

4. The main evidence of the facts ascertained in the original judgment or ruling has not been debated;

5. Where the parties are unable to collect the evidence needed for the trial of the case due to objective reasons, and apply in writing to the people's court to investigate and collect it, but the people's court does not investigate and collect it;

6. The original judgment or ruling was truly erroneous in the application of law;

7. Violating the law and having wrong jurisdiction;

8. The composition of the trial organization is unlawful or the adjudicators who should be recused in accordance with law have not recused;

9. A person who lacks the capacity for litigation does not participate in the litigation on behalf of the person who is legally prescribed to litigate or who should participate in the litigation, and does not participate in the litigation because of reasons that cannot be attributed to him or his or her litigation person;

10. Violating the provisions of law by depriving the parties of their right to debate;

11. Judgment in absentia without being summoned by summons;

12. The original judgment or ruling omitted or exceeded the litigation claims;

13. The legal document on which the original judgment or ruling was based has been revoked or modified.

Retrials include the following types:

1. The defendant applies for a retrial: The defendant may apply for a retrial within six months of the judgment taking effect, requesting that the original judgment be reviewed and corrected. The defendant's reasons for applying for a retrial may be that the facts found in the original judgment were erroneous, the application of law was erroneous, the trial procedure was unlawful, and so forth;

2. The procuratorate may raise a protest against a judgment that has already taken effect, and request the Supreme People's Court to review and correct the original judgment. The procuratorate's grounds for applying for a retrial may be that the charges found in the original judgment were erroneous, the punishment was improper, and so forth;

3. The court decides to retry: Under certain circumstances, the court may decide to retry the judgment that has already taken effect to correct the error in the original judgment.

To sum up, the retrial procedure includes a set of legal procedures for initiating, reviewing the reasons for retrial, and rehearing the original case. This kind of procedure is an independent trial procedure in the Civil Procedure Law, which is not a necessary trial procedure for the court to hear civil cases, and is different from the first-instance and second-instance procedures in the Civil Procedure Law. By its very nature, the retrial procedure is a litigation procedure for correcting illegal judgments and rulings of the court that have taken legal effect.

Legal basis]:

Article 202 of the Civil Procedure Law of the People's Republic of China.

After the people's court accepts the application, after review, it is found that the provisions of the law are complied with, and the mediation agreement is valid, and if one party refuses to perform or does not perform in full, the other party may apply to the people's court for enforcement; If it does not comply with the provisions of law, a ruling is made to reject the application, and the parties may modify the original mediation agreement or reach a new mediation agreement through mediation, and may also file a lawsuit in the people's court.

The following conditions need to be met for filing an application for retrial: The president of the people's court at any level, the people's court at the level above, finds that the judgment, ruling, or mediation document that has already taken legal effect is in error, and where the parties believe that the judgment or ruling that has taken effect is in error, and there is evidence to prove it.

Criminal Procedure Law of the People's Republic of China

Article 171.

When the people's procuratorate examines a case, it must ascertain the following:

1) Whether the facts and circumstances of the crime are clear, whether the evidence is credible and sufficient, and whether the determination of the nature of the crime and the charges is correct;

2) Whether there are any omitted crimes and other persons who should be pursued for criminal responsibility;

3) Whether it is criminal responsibility that should not be pursued;

4) Whether there is an attached civil lawsuit;

5) Whether the investigative activities are lawful.

1. The parties listed in the judgment, ruling and mediation document;

2. Persons outside the case who believe that the original judgment, ruling, or mediation document harms their civil rights and interests, and their objections to enforcement are rejected by the ruling;

3. In the event of the death or termination of the above-mentioned parties or persons not involved in the case, the successors of their rights and obligations.

The manner in which the application for retrial is filed is as follows:

1. Submit case materials for retrial to the appeal filing hall of the Supreme People's Court and circuit courts; Liang Yin changed.

2. Mail and submit the application materials for retrial to the Supreme People's Court;

3. Submit case materials for retrial through the Supreme People's Court's litigation service network. Parties applying for retrial shall submit it within 6 months after the judgment, ruling, or mediation document takes legal effect, and where there are provided circumstances, it shall be submitted within 6 months from the date on which they knew or should have known about it.

Legal basis]:Article 202 of the Civil Procedure Law of the People's Republic of China.

After the people's court accepts the application, after review, it is found that it complies with the provisions of the law, and rules that the mediation agreement is valid, and if one party refuses to perform or does not fully perform, the other party may apply to the people's court for enforcement; If it does not comply with the provisions of law, a ruling is made to reject the application, and the parties may modify the original mediation agreement or reach a new mediation agreement through mediation, and may also file a lawsuit in the people's court.