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Anonymous users2024-02-10Without understanding what you mean, articles 198 to 213 of Chapter VI of the Civil Procedure Law clearly stipulate the conditions and procedures for retrial.
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Anonymous users2024-02-09What are the main problems existing in the parties' application for retrial? Which ones exactly?
Otherwise, it is impossible to accurately judge and!
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Anonymous users2024-02-08Legal Analysis: Where Wang Fanjian, the presidents of all levels of people's court discover that there are truly errors in their judgments, rulings, or mediation documents that have already taken legal effect, and find that a retrial is necessary, they shall submit them to the adjudication committee for discussion and decision. Where the Supreme People's Court discovers that there is truly an error in a judgment, ruling, or mediation document of a local people's court at any level that has already taken legal effect, or a higher level people's court has a judgment, ruling, or mediation document that has already taken legal effect, it has the right to bring it to trial or order a lower people's court to retry it.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 199:Where parties find that a judgment or ruling that has already taken legal effect is in error, they 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 a party applies for a retrial, the enforcement of the judgment or ruling is not stopped.
Article 205:Parties applying for retrial shall submit it within 6 months of the judgment or ruling taking legal effect; Where there are circumstances provided for in items 1, 3, 12, or 13 of article 200 of this Law, it is to be submitted within 6 months from the date on which it is known or should have known.
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Anonymous users2024-02-07The "Civil Procedure Law" provides for retrial as follows: Where the president of a people's court at any level discovers that there is a real error in a judgment, ruling, or mediation document of that court that has already taken legal effect, and finds that a retrial is necessary, he 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.
Article 204:Review of the application and retrial court:
The people's court shall review it within 3 months of receiving the written application for retrial, and where the provisions of this Law are met, rule for retrial; where the provisions of this Law are not complied with, 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 above, except where the parties choose to apply to the basic level people's court for retrial in accordance with article 199 of this Law. 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.
Article 198 of the Civil Procedure Law, the court decided to retry the case
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.
Article 204:Review of the application and retrial court:
The people's court shall review it within 3 months of receiving the written application for retrial, and where the provisions of this Law are met, rule for retrial; where the provisions of this Law are not complied with, 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 above, except where the parties choose to apply to the basic level people's court for retrial in accordance with article 199 of this Law. 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.
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