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Those who are dissatisfied with the final judgment of the Intermediate People's Court may apply to the provincial high people's court for a retrial. The people's court shall review the application for retrial within 3 months of receiving it, and where any of the circumstances provided for in article 179 of this Law are met, rule for retrial; and where the provisions of article 179 of this Law are not met, a ruling is made to reject the application. Where there are special circumstances that require an extension, it is to be approved by the president of that court.
Cases where a party applies for a ruling on retrial are to be heard by a people's court at the intermediate level or higher. In cases where the Supreme People's Court or High People's Court rules for retrial, that court is to retry the case or transfer it to another people's court for retrial, and it may also be transferred to the original people's court for retrial. Where an application for retrial is submitted for a civil judgment, ruling, or mediation document that has already taken legal effect, the person applying for retrial shall be the party to the original trial, the legally-designated person, and the successors of the rights and obligations of the parties to the original trial and their close relatives.
Where the president of any level of people's court discovers that there is truly an error in that court's judgment, ruling, or mediation document that has already taken legal effect, and finds that a retrial is necessary, they shall submit it to the adjudication committee for discussion and decision. The Supreme People's Court has the right to bring to trial or order a lower people's court to retry a judgment, ruling, or mediation document of a local people's court at any level that has already taken legal effect, or a higher people's court to a lower people's court's judgment, ruling, or mediation document that has already taken legal effect. Legal basis:
Article 178 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, but the enforcement of the judgment or ruling is not stopped.
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Court rulings are generally classified as primary and intermediate. Reaching the provincial level is also equivalent to the highest, and if you are not satisfied, you can apply to the Supreme People's Court.
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This can only be handled by letters and visits, and there should be no other way.
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If a friend is not satisfied with the judgment of the Provincial High Court, he can go through legal procedures to appeal to the Supreme People's Court.
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Go to Beijing to appeal to the Supreme People's Court and apply for a retrial.
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Then go to the National High Court, there is no other way.
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Gao Yuan's verdict is not satisfied, but also has to be accepted.
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If the court is not satisfied with the judgment, it may go to the local supervision commission or people's procuratorate to make a complaint or report. According to the relevant laws and regulations, if the public or the public feels unfair to the court's judgment, if they feel unfair to the first-instance judgment, they may submit an appeal petition for appeal within the appeal period. If the judgment has already entered into force, the citizen may file an application for a retrial within six months after the judgment has entered into force.
If citizens have conclusive evidence to prove that the trial judge is suspected of perverting the law or twisting the law for personal gain, they may report the situation to the competent leader of the court, or report it to the local supervision commission or people's procuratorate. If you are not satisfied with the judgment or ruling of the case, it is best to protect your rights through appeal, application for retrial, application for prosecutorial counter-appeal, etc. What to do if the court judgment is unfairWhat to do Civil litigants who are dissatisfied with the judgment of the local people's court of first instance may appeal to the people's court at the level above within the statutory time limit, of which the time limit for appealing against the judgment is 15 days from the date on which the judgment is served.
Civil Procedure Law of the People's Republic of China
Article 171:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the judgment being served. Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.
Article 172:An appeal petition shall be submitted. The content of the appeal petition shall include the names of the parties, the names of the legal persons and their legally-designated representatives, or the names of other organizations and their principal responsible persons; the name of the original people's court, the case number, and the cause of action; Request and grounds for appeal.
How long after the judgment is handed down can you apply for enforcement.
Within 15 days after the issuance of the judgment of the first instance, if neither party has appealed the civil judgment, the civil judgment has taken effect, and after 15 days after the judgment is issued, an application may be made to the court for enforcement. If both parties or one of the parties appeal the civil judgment, after the court of second instance makes an effective judgment, the civil judgment has already taken effect, and they may apply to the court for enforcement.
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Legal Analysis] in accordance with relevant legal provisions; Those who are dissatisfied with the final judgment of the Provincial High People's Court may appeal to the court of second instance, and may also request that the procuratorate raise a prosecutorial counter-appeal and request a retrial. However, a retrial may not be applied for in the second-instance judgment granting divorce. The Supreme People's Court has the right to bring to trial or order a lower people's court to retry a judgment that has already taken legal effect in a judgment or ruling of a local people's court at any level that has already taken legal effect, and a higher people's court has the right to bring it to trial or order a lower people's court to retry a judgment or ruling that has already taken legal effect in a lower people's court.
However, during the retrial, the judgment will continue to be enforced. Where parties are not satisfied with the outcome of their second-instance trial, they may apply to the second-instance court or to a higher court for a retrial. However, if there are no problems in the proceedings, the application of the parties may be rejected and will not be accepted.
In this case, the parties can only apply to the procuratorate for a retrial.
Legal basis] Decision of the Standing Committee of the National People's Congress on Amending the Civil Procedure Law of the People's Republic of China 3. Article 178 is amended to read: "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, but the enforcement of the judgment or ruling is not stopped. ”
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If the court is not satisfied with the judgment, the procuratorate may apply for a prosecutorial counter-appeal.
Article 208 of the Civil Procedure Law: Procuratorate Counter-Appeal The Supreme People's Procuratorate shall raise a procuratorial counter-appeal against a judgment or ruling of a people's court at any level that has already taken legal effect, or a higher level people's procuratorate discovers any of the circumstances provided for in Article 200 of this Law against a judgment or ruling of a people's court at a lower level that has taken legal effect, or if it discovers that the mediation document harms the interests of the state or the public interest. Where local people's procuratorates at any level discover any of the circumstances provided for in article 200 of this Law in respect of a judgment or ruling of a people's court at the same level that has already taken legal effect, or where it is discovered that the mediation document harms the national interest or the societal public interest, they may submit a procuratorial suggestion to the people's court at the same level, and report it to the people's procuratorate at the level above for filing; It may also request that the people's procuratorate at a higher level submit a prosecutorial counter-appeal to the people's court at the same level. People's procuratorates at all levels have the right to submit procuratorial suggestions to the people's courts at the same level regarding the illegal conduct of adjudicators in trial procedures other than trial supervision procedures.
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If the court is not satisfied with the judgment, the procuratorate may apply for a prosecutorial counter-appeal. Article 208 of the Civil Procedure Law: Procuratorial Counter-Appeal Where the Supreme People's Procuratorate discovers any of the circumstances provided for in Article 200 of this Law in respect of a judgment or ruling of a people's court at any level that has already taken legal effect, or a judgment or ruling of a people's procuratorate at a higher level that has already taken legal effect, or discovers that the mediation document harms the interests of the state or the public interest, it shall raise a public appeal. Where local people's procuratorates at all levels discover any of the circumstances provided for in article 200 of this Law in respect of a judgment or ruling of a people's court at the same level that has already taken legal effect, or where it is discovered that the mediation document harms the national interest or the societal public interest, they may submit a procuratorial suggestion to the people's court at the same level and report it to the people's procuratorate at the level above for filing; It may also request that the people's procuratorate at a higher level submit a prosecutorial counter-appeal to the people's court at the same level.
People's procuratorates at all levels have the right to submit procuratorial suggestions to the people's courts at the same level for illegal acts of attacking adjudicators in trial procedures other than trial supervision procedures.
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Summary. Hello dear, happy to answer your <>
If you are not satisfied with the judgment of the High Court, the next step is to go to the procuratorate or the Supreme People's Court. Those who are dissatisfied with the final judgment of the Provincial High Court may apply to the Provincial High Court or the Supreme People's Court for a retrial, and may also appeal to the procuratorate.
If you are not satisfied with the judgment of the High Court, the next step will be the procuratorate or the Supreme People's Court?
Hello dear, happy to answer your <>
If you are not satisfied with the verdict of the Gao Jing Wing Court, the next step is to go to the procuratorate or to the Supreme People's Court to investigate. Those who are dissatisfied with the final judgment of the Provincial High Court may apply to the Provincial High Court or the Supreme People's Court for a retrial, or may appeal to the procuratorate.
Legal basis: Article 199 of the Civil Procedure Law of the People's Republic of China stipulates that if 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 next higher level 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 20 of the Civil Procedure Law of the People's Republic of China stipulates that the Supreme People's Court has jurisdiction over the following first-instance civil cases:
1) Cases that have a major impact on the whole country; (2) Cases that are found to be heard by that court. Article 155 of the Civil Procedure Law of the People's Republic of China is fixed: The judgments and rulings of the most exemplary high people's courts, as well as judgments and rulings that are not allowed to appeal in accordance with the law or have not appealed beyond the time limit for litigation in Shangmao Prefecture, are legally effective judgments and rulings.
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