Does the filing of a retrial affect the enforcement of the current judgment?

Execution is not affected.

Article 178 of the Civil Procedure Law: "Where a party believes 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, but the enforcement of the judgment or ruling shall not be stopped." ”

The second-instance judgment is final, and the final judgment takes effect as soon as it is issued. Effective judgments are, of course, enforceable.

Unless the trial supervision division of the people's court at a higher level rules to suspend enforcement before trial, article 185 of the Civil Procedure provides: "In cases where a retrial is decided in accordance with the trial supervision procedures, a ruling is made to suspend the enforcement of the original judgment." The ruling shall be signed by the president of the court and affixed with the seal of the people's court."

If the case is filed by the trial supervision division of the people's court at a higher level, then after the retrial judgment is handed down, if it is found that the second-instance judgment is in error, the judgment is changed. Then the execution of the second-instance judgment shall be stopped, and the subject matter that has been executed shall be returned (enforcement reversal).

If the trial supervision division of the people's court at the level above does not file the case or rules to uphold the second-instance judgment, then continue to enforce the second-instance judgment.

Yes, if a retrial is filed, the original judgment and the enforcement of the ruling should be terminated immediately.

Legal analysis: According to the provisions of relevant laws of our country, if a party applies for a retrial after the second instance, the enforcement of the effective judgment or ruling will not be stopped when the case is retried. The parties find that a judgment or ruling that has already taken legal effect is in error.

An application for retrial may be made to the people's court at the level above: In cases where one of the parties is large or both parties are citizens, an application for retrial may also be made to the original people's court. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

Legal basis: Article 199 of the Civil Procedure Law of the People's Republic of China: Parties find that a judgment or ruling that has already taken legal effect is in error. An application for retrial may be made to the people's court at the level above

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.

Analysis of the law of the law: According to the provisions of the relevant laws of our country, if the parties apply for a retrial after the second instance, when the case is retried, the enforcement of the effective judgment or ruling will not be stopped.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 198: Where the president of a people's court at any level discovers that there is a real error in that court's judgment, ruling, or mediation document that has already taken legal effect, and finds that a retrial is necessary, it shall be submitted 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 Analysis: No impact on enforcement. 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, but the enforcement of the judgment or ruling is not stopped.

The second-instance judgment is final, and the final judgment takes effect as soon as it is issued. Effective judgments are, of course, enforceable.

Legal basis: Civil Procedure Law of the People's Republic of China, Article 199 of the People's Republic of China, Gao Bi Article A party may apply to the people's court at the next higher level for a retrial if he or she believes that a judgment or ruling that has already taken legal effect is in error; 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.