How to try a retrial case, and the trial procedures for a retrial case

1.A ruling is made to suspend the enforcement of the original judgment.

In cases where a decision is made to retry in accordance with the retrial procedures, the people's court shall make a ruling to bring it to trial, designate it for retrial, or retry it on its own, and the ruling shall also include the content of suspending the enforcement of the original judgment. After a decision is made to retry the case, the enforcement of the original judgment is suspended, not revoked. This is because when deciding on a retrial, although it has already been discovered that the original judgment was indeed in error, the decision to retry is only a decision made in a procedural sense, and it is not possible to determine whether the original judgment was indeed wrong in a substantive sense.

As to whether the original judgment was truly erroneous, it can only be determined after a retrial, so it is not necessary to change the judgment in a retried case. Where after retrial, it is found that the original judgment was not in error, the original judgment should be maintained. If the original judgment has been revoked in advance, the people's court will inevitably fall into a passive position.

The ruling to suspend the enforcement of the original judgment must be signed by the court president and affixed with the seal of the people's court. The ruling can only be signed by the president and cannot be signed by other people or the adjudication organization. Because adjudicators who had previously participated in the trial of the case did not have the right to participate in the retrial, rulings deciding to retry or suspending the enforcement of the original judgment should not be signed by the collegial panel, but should be signed by the president of the court in the name of the people's court.

2.A separate collegial panel will be formed.

According to the provisions of the Civil Procedure Law, when a people's court conducts a retrial of a case in accordance with the retrial procedures, it shall separately form a collegial panel. The collegial system must be adopted in the trial of retrial cases, and the single-judge system cannot be adopted, that is, a collegial panel must be formed by adjudicators to conduct a retrial of the case. Members of the original collegial panel must not participate in the newly formed collegial panel, and must not participate in the trial of a retrial case.

In addition, it is not appropriate for the collegial panel of a retrial case to have jurors participating, which is determined by the characteristics of the retrial case.

3.The trial shall be conducted in accordance with the procedures of the original trial.

In accordance with the provisions of the Civil Procedure Law, when a people's court conducts a retrial of a case in accordance with the retrial procedures, the legally effective judgment or ruling is made by the court of first instance, and the trial is conducted in accordance with the ordinary procedures of the first instance, and the judgment or ruling made may be appealed by the parties; A legally effective judgment or ruling is made by the court of second instance, and the trial is to be conducted in accordance with the second-instance trial procedures, and the judgment or ruling made is a judgment or ruling that has taken legal effect; Cases brought to trial by the Supreme People's Court and a higher level people's court in accordance with the retrial procedures are to be tried in accordance with the second-instance trial procedures, and the judgments or rulings made are legally effective judgments or rulings, and the parties must not appeal. Since retrial cases are tried in accordance with the original trial procedures, the trial, judgment, pronouncement of judgment, and trial time limits are all conducted in accordance with the provisions of the original trial procedures.

4.Retrial cases can still be mediated.

The principle of mediation is a basic principle of the Civil Procedure Law, which runs through the whole process of litigation. Therefore, when a case is tried in accordance with the retrial procedures, mediation can still be conducted if mediation is possible and the parties are willing to mediate. If a mediation agreement is reached through mediation, the original judgment shall be deemed to be revoked after the mediation document is served.

If mediation fails, a judgment shall be made in a timely manner and a decision shall not be delayed for a long time.

1. What are the trial procedures for retrial cases.

1. Retrial cases that have passed the trial supervision procedures are to be tried in accordance with the following procedures:

1) If it is originally a first-instance case, the trial shall be conducted in accordance with the first-instance trial procedures, and the judgment or ruling made by Qimu may be appealed or counter-appealed;

2) Where 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.

2. Legal basis: Article 466 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China.

The original people's court hearing a case that is retried in accordance with the trial supervision procedures shall separately form a collegial panel.

Where it was originally a first-instance trial case, trial shall be conducted in accordance with the first-instance trial procedures, and judgments or rulings may be appealed or counter-appealed; Where it was originally a second-instance trial case, or a case brought to trial by a higher level people's court, trial shall be conducted in accordance with the second-instance trial procedures, and the judgment or ruling made is the final judgment or ruling.

II. How to charge for retrial cases.

Litigation fees are not required for retrial, except in special circumstances. According to the relevant provisions, the parties to the trial supervision procedures do not pay the case acceptance fee.

However, the following exceptions apply:

1. In cases where an application is made to the people's court for retrial in accordance with relevant provisions, and the people's court decides to conduct a retrial after review, the parties shall pay litigation fees in accordance with relevant provisions;

2. In cases where the parties have not appealed the first-instance judgment or ruling of the people's court, and after the first-instance judgment, ruling or mediation document has already taken legal effect, the parties apply for retrial, and the people's court decides to retry the case after review, the litigation fees shall be paid in accordance with the relevant provisions;

3. Other cases brought to trial or retried in accordance with the trial supervision procedures are exempt from paying the case acceptance fee. Accordingly, in accordance with the relevant provisions, in cases where a party applies for a retrial and the court decides to retry a case, the party concerned shall bear the case acceptance fee.

Legal Analysis: People's courts shall apply the first-instance trial procedures or second-instance trial procedures respectively to the case where the people's court decides to retry the case.

Legal basis: Article 256 of the "Criminal Procedure Consolidation Law" Where a people's court follows the trial supervision procedures to retry a case, and the original people's court hears it, it shall separately form a collegial panel to conduct it. If it was originally a first-instance case, the trial shall be conducted in accordance with the first-instance trial procedures, and the judgment or ruling 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 cases retried by the people's courts in accordance with the trial supervision procedures, where the legally effective judgment or ruling was made by the first-instance trial court, the parties may appeal the judgment or ruling made in accordance with the first-instance trial procedures; A legally effective judgment or ruling is Yinshan made by the court of second instance, and the judgment or ruling made in accordance with the second-instance trial procedures is a legally effective judgment or ruling; Where a higher level people's court arraigns for trial in accordance with the trial supervision procedures, it is to be tried in accordance with the second-instance trial procedures, and the judgment or ruling made is a legally effective judgment or ruling.

The People's Court hearing a retrial case shall separately form a collegial panel.

Legal basis: Article 256 of the Criminal Procedure Law: Where a people's court follows the trial supervision procedures to retry a case, and the original people's court hears it, it shall separately form a collegial panel to make a guess. If it was originally a first-instance case, the trial shall be conducted in accordance with the first-instance trial procedures, and the judgment or ruling 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.