How to determine the scope of trial of civil protest retrial cases

1) All types of criminal cases in which that court conducts a retrial in accordance with law after the court has made an effective judgment;

2) Retrial criminal cases in which the parties, their legally-designated persons, or the people's procuratorate are dissatisfied with a judgment made by an intermediate people's court to retry a case in accordance with the first-instance trial procedures, and submit an appeal or prosecutorial counter-appeal to that court;

3) All types of criminal cases in which the provincial people's procuratorate raises a prosecutorial counter-appeal in accordance with the trial supervision procedures in accordance with law;

4) All types of criminal cases ordered by the Supreme People's Court to be retried by that court;

5) Other types of criminal cases that shall be retried by that court in accordance with laws and judicial interpretations.

A protest refers to the second instance filed by the procuratorate. . .

In a retrial case, the procuratorate discovers that there are major flaws in the judgment and needs to be retried.

The difference is that a protest can only be filed once.

Retrials can be repeated one after the other.

In addition, there are no particularly strict conditions for protests, as long as the procuratorate feels that the verdict is wrong or that there are procedural problems, it can file a protest.

However, the initiation of a retrial must have clear and clear evidence, and it must have a significant impact on the judgment before a retrial can be initiated.

To put it simply, a protest means that the procuratorate can file a complaint if you are not happy; The retrial, on the other hand, is cautious, and even if it may be a wrongful conviction, you still need to go to jail or you may be able to scrat for a year or two, and you will not be able to file a retrial lightly.

The retrial of a criminal case cannot be protested to anyone's court at the level above, and a request for a protest must be submitted to the procuratorate at the same level as the criminal case.

1. What should I do if I am not satisfied with the final civil judgment of the second instance.

Legal analysis: The final judgment of the second instance cannot be appealed if it is not satisfied. However, according to the relevant laws and regulations of our country, if you are not satisfied with the second-instance judgment, you may apply to the court at the next higher level for a retrial, or make an appeal, directly appeal to the court at the next higher level to apply for a retrial, and you may also appeal to the procuratorate at the next higher level and request the procuratorate to protest to the court.

2. Can I appeal after the judgment takes effect?

The judgment cannot be appealed after it has entered into force. If there is an error in the effective judgment, it shall be conducted in accordance with the trial supervision procedures. China's criminal and civil trials are based on a two-instance final adjudication system.

In criminal trials, the time limit for appeals and prosecutorial counter-appeals against judgments is 10 days, and the time limit for dissatisfaction with rulings is 5 days, calculated from the second day after receiving the judgment or ruling. In civil trials, if a party is dissatisfied with the first-instance judgment after it is rendered, it has the right to appeal to the people's court at the level above within 15 days of the date of service. Those who are dissatisfied with the first-instance judgment have the right to appeal to the people's court at the level above within 10 days of service.

If there is no appeal or counter-appeal during the period of appeal or counter-appeal, the judgment shall take legal effect. If no appeal is filed after the appeal period has passed, and it is found that the judgment is in error, it may be conducted in accordance with the trial supervision. Parties to criminal cases, their legally-designated persons, and close relatives may submit appeals to the people's courts or people's procuratorates.

Parties to a civil case may apply to the people's court at the level above for a retrial, and may also apply to the original people's court for a retrial. During the period of retrial, the enforcement of judgments or rulings is not stopped.

3. What should I do if I am not satisfied with the second-instance judgment.

According to China's legal provisions, China's adjudication system is a two-instance final adjudication system, in which a higher people's court has the right to bring to trial or order a lower people's court to retry a judgment or ruling of a lower people's court that has already taken legal effect if it is found to be truly in error. If a higher level people's procuratorate discovers that there is a genuine error in a judgment or ruling of a lower level people's court that has already taken legal effect, it has the right to submit a prosecutorial counter-appeal to the people's court at the same level in accordance with the trial supervision procedures. Parties who are dissatisfied with the second-instance judgment in civil litigation may apply to the people's court at the level above for a retrial or submit an application for a prosecutorial counter-appeal to the people's procuratorate.

Article 232 of the Criminal Procedure Law.

All levels of local people's procuratorate shall submit a written counter-appeal through the original people's court for a first-instance judgment or ruling of a people's court at the same level, and send a copy of the counter-appeal to the people's procuratorate at the level above. The original people's court shall transfer the written counter-appeal together with the case file and evidence to the people's court at the level above, and send a copy of the written counter-appeal to the parties.

If a higher level People's Procuratorate finds that a prosecutorial counter-appeal is improper, it may withdraw the prosecutorial counter-appeal to the people's court at the same level and notify the lower level People's Procuratorate.

The provisions for retrial of criminal prosecutorial counter-appeal cases are as follows: 1. In cases where the people's procuratorate raises a prosecutorial counter-appeal in accordance with the trial supervision procedures, the people's court accepting the counter-appeal shall form a collegial panel to hear it. Where the facts of the original judgment are unclear or the evidence is insufficient, including new evidence proving that the original judgment may have been in error, and it is necessary to order a lower people's court to retry the case, a decision shall be made within one month of the date on which the case is filed, and the written decision to order a retrial shall be sent to the people's procuratorate that raised the appeal.

2. Where a people's court hears a retrial case in which the people's procuratorate has raised a prosecutorial counter-appeal, and the people's procuratorate withdraws the procuratorial counter-appeal before trial, it shall rule to allow it; Where the people's procuratorate does not appoint personnel to appear in court after receiving a notice to appear in court, and does not explain the reasons, it may rule to handle it as a withdrawal of the prosecutorial counter-appeal, and notify the litigation participants. Where a people's court hears a retrial case in which the complainant appeals appeal, and the complainant withdraws the appeal during the retrial period, it shall rule to allow it; Where the appellant refuses to appear in court without a legitimate reason after being notified in accordance with law, or leaves court without the permission of the Sowujian Court, it shall be ruled that the appeal is to be withdrawn, except where the appellant is not a party to the original trial. Article 381 of the Interpretation of the Supreme People's Court on the Application of the > of the Criminal Procedure Law of the People's Republic of China; Article 387 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China.

Legal analysis: 1. If a party is dissatisfied with the intermediate court's retrial ruling, he may not apply to the High Court for a retrial, but if the cause of trial is established again, he may apply for a retrial; 2. Where a people's court hears a retrial case in which the people's procuratorate has raised a prosecutorial counter-appeal, and the people's procuratorate withdraws the procuratorial counter-appeal before trial, it shall rule to allow it;

Legal basis: "Criminal Procedure Law of the People's Republic of China" Article 256:Where a people's court follows the trial supervision procedures to retry a case that is tried by the original people's court, it shall separately form a collegial panel to conduct it. If it was originally a first-instance case, the trial should be conducted in accordance with the first-instance trial procedures, and the judgment or ruling made may be appealed or counter-appealed; If it was originally a second-instance case, or a case brought to trial by a higher level people's court, the trial shall be conducted in accordance with the second-instance trial procedures, and the judgment or ruling made is the final judgment or ruling.

In retrial cases heard by the people's courts**, the people's procuratorate at the same level shall appoint personnel to appear in court.