In the case of a retrial, the retrial review and filing is equivalent to the initiation of the retri

If the original people's court discovers that there is a real error in a judgment, ruling, or mediation document made by that court, a higher people's court against a lower people's court, or the Supreme People's Court against a court at any level that has already taken legal effect, it may retry it in accordance with the trial supervision procedures.

According to article 198 of the "Civil Procedure Law", 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.

According to article 243 of the Criminal Procedure Law, if the president of a people's court at any level discovers that there is a real error in the determination of facts or in the application of law of a judgment or ruling of that court that has already taken legal effect, he or she must submit it to the adjudication committee for handling.

The Supreme 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 people's court at any level that has already taken legal effect, or a higher people's court to a judgment or ruling of a lower people's court that has already taken legal effect, if it discovers that there is a real error. If a higher level people's procuratorate discovers that there is a real error in a judgment, ruling, or mediation document made by a lower level people's court or the Supreme People's Procuratorate against a court at any level that has already taken legal effect, it may raise a prosecutorial counter-appeal for retrial in accordance with the procuratorial supervision power.

According to article 208 of the Civil Procedure Law, the Supreme People's Procuratorate shall raise a prosecutorial 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, or if it discovers that the mediation document harms the national interest or the public interest.

According to the third paragraph of Article 243 of the Criminal Procedure Law, the Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the trial supervision procedures if it discovers that there is a real error in the judgment or ruling of a people's court at a higher level that has already taken legal effect, or a higher level people's procuratorate has the right to submit a protest to the people's court at the same level in accordance with the trial supervision procedures. If a party believes that there is an error in a judgment, ruling, or mediation document made by a people's court that has already taken effect, he or she may apply to the court at the level above for a retrial, or may also apply to the people's court at the same level for a retrial.

According to article 199 of the Civil Procedure Law, if 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; 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.

According to article 241 of the Criminal Procedure Law, parties and their legally-designated persons and close relatives may submit appeals to the people's court or people's procuratorate against a judgment or ruling that has already taken legal effect, but the enforcement of the judgment or ruling cannot be stopped.

To initiate a retrial, the court must first review the case, initiate the retrial procedure if the conditions are met, and rule to reject the application if the conditions are not met.

1. [Review the case first].

According to article 204 of the Civil Procedure Law, after receiving an application for retrial, the court must first review the case within the prescribed time limit. If the conditions are met, the retrial procedures will be initiated, and if the conditions are not met, the application will be rejected.

Article 204 provides: The people's court shall review the application for retrial within three months from the date of receipt of the application for retrial, and rule on a retrial if the provisions of this law are met; 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.

2. [The Civil Procedure Law stipulates the statutory conditions for initiating a retrial].

Article 200: Where a party's application meets any of the following circumstances, the people's court shall retry the case:

1) There is new evidence sufficient to overturn the original judgment or ruling;

2) The basic facts ascertained in the original judgment or ruling lack evidence to prove them;

3) The primary evidence of the facts ascertained in the original judgment or ruling was fabricated;

4) The main evidence of the facts ascertained in the original judgment or ruling has not been debated;

5) Where the parties are unable to collect the main evidence needed for trial of the case for objective reasons, and apply in writing to the people's court to investigate and collect it, but the people's court does not investigate and collect it;

6) The original judgment or ruling was truly erroneous in the application of law;

7) The composition of the trial organization is unlawful, or the adjudicators who should be recused in accordance with law have not recused;

8) Where a person who lacks capacity for litigation has not been represented by a legally-prescribed person in litigation or a party who should participate in the litigation has not participated in the litigation due to reasons that cannot be attributed to him or his or her litigation person;

9) Violating legal provisions by depriving parties of their right to debate;

10) Judgment in absentia without being summoned by summons;

11) The original judgment or ruling omitted or exceeded the litigation demands;

12) The legal documents on which the original judgment or ruling was based have been revoked or modified.

The retrial review and filing of the case is equivalent to the initiation of a retrial. It is necessary to review after the case is filed, and within three months, the retrial will be ruled if the retrial is met. Where parties apply for retrial, they shall submit a written application for retrial and other materials.

The people's court shall send a copy of the retrial application to the opposing party within 5 days of receiving the application for retrial. The opposing party shall submit a written opinion within 15 days of receiving a copy of the application for retrial, and where it does not submit a written opinion, it does not impact the people's court's review.

Civil Procedure Law of the People's Republic of China

Article 40. People's courts hearing second-instance civil cases are to form a collegial panel of adjudicators. The number of members of the collegial panel must be an odd number.

In cases remanded for new trial, the original people's court shall separately form a collegial panel in accordance with the first-instance trial procedures.

In retrial cases, where the trial was originally the first instance, a separate collegial panel is to be formed in accordance with the first-instance trial procedures; Where it was originally a second-instance trial or a higher level people's court, a collegial panel is to be formed separately in accordance with the second-instance trial procedures. Article 124.

The people's courts are to handle the following lawsuits in separate circumstances:

1) Where it is within the scope of administrative litigation in accordance with the provisions of the Administrative Litigation Law, inform the plaintiff to initiate an administrative lawsuit;

2) Where in accordance with the provisions of law, the parties have reached a written arbitration agreement to apply for arbitration and are not allowed to file a lawsuit in the people's court, inform the plaintiff to apply for arbitration to the arbitration institution;

3) For disputes that should be handled by other organs in accordance with the provisions of law, inform the plaintiff to apply to the relevant organs for resolution;

4) In cases that are not within the jurisdiction of that court, inform the plaintiff to file a lawsuit with a people's court with jurisdiction;

5) In cases where a judgment, ruling, or mediation document has already taken legal effect, and the parties file a lawsuit again, inform the plaintiff to apply for a retrial, except for the people's court's ruling to approve the withdrawal of the lawsuit;

6) In cases where a certain period of time must not be prosecuted in accordance with the provisions of law, and where a lawsuit is initiated within the period of time for which no prosecution is permitted, it is not to be accepted;

7) In cases where a judgment does not allow a divorce or a divorce that is reconciled through mediation, or a judgment or mediation to maintain an adoption relationship, where there are no new circumstances or new grounds, and the plaintiff files another lawsuit within six months, it is not to be accepted.

Legal analysis chain defense: The process of applying for a retrial is:

1.An application for retrial of a civil judgment, ruling, or mediation document that has already taken effect shall be submitted to the people's court that made the effective judgment2Where an application for retrial is made by a second-instance trial court that is handled as a voluntary withdrawal of appeal, it shall be submitted to the second-instance trial court.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 190 Calling Hail 9: 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 retrial in cases where one of the parties is large or both parties are citizens, and may also apply 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.

1) Trial Procedures for Retrial Cases The trial procedures and the effectiveness of judgments in retrial cases are primarily determined on the basis of the original trial of the case. In cases retried by the people's court in accordance with the trial supervision procedures, the judgment or ruling that takes legal effect is made by the people's court of first instance, and the judgment or ruling made in accordance with the first-instance trial procedures is heard in accordance with the first-instance trial procedures, and the judgment or ruling made may be appealed by the parties The judgment or ruling that takes legal effect is made by the people's court of the second instance and tried in accordance with the procedures of the second-instance trial. A ruling is a judgment or ruling that takes legal effect. According to the law, where the original people's court hears a retrial case, it must form a separate collegial panel.

2) Issues in the Enforcement of Original Judgments and Rulings in Retrial Cases In cases where a retrial decision is made in accordance with the trial supervision procedures, a ruling shall be made to suspend the enforcement of the original judgment, and the ruling shall be signed by the court president and affixed with the seal of the people's court. Where a higher level people's court decides to bring to trial or order a lower level people's court to retry the case, it shall make a ruling, and the ruling shall clearly state that the suspension of enforcement of the original judgment is urgent, and the people's court responsible for enforcement or the people's court that made the effective judgment or ruling may be given oral notice of the ruling to suspend enforcement, but shall issue a written ruling within 10 days of the oral notice. (3) Handling of Retrial Cases 1. Where the people's court, after hearing the retrial case, finds that the original effective judgment or ruling was truly in error, and at the same time revokes the original effective judgment or ruling, there are two ways to handle it:

The first is to make a corresponding judgment on the content of the original effective judgment or ruling, and the second is to revoke the effective judgment or ruling by ruling and remand to the people's court that made the original effective judgment or ruling for new trial. 2. If, after hearing a retrial case, the people's court discovers that an effective judgment has any of the following circumstances, it shall rule to remand the person who made the effective judgment or ruling to the civil court for a new trial: (1) the adjudicator or clerk hearing the case should have recused himself but did not do so, (2) the judgment was rendered without ** that should have been tried in accordance with the law, (3) the judgment was rendered in absentia without lawfully summoning the parties, (4) the parties who had to participate in the litigation were omitted, and (5) the litigation claims related to the case were not adjudicated (6). Other violations of legally-prescribed procedures might impact the correct adjudication of the case.

Article 464 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of the People's Republic of China: In cases where a decision is made to retry a case in accordance with the trial supervision procedures, the people's court shall draft a written decision for retrial. Where enforcement of the original judgment or ruling is not stopped during the retrial period, but the defendant might be acquitted through retrial, or the sentence of the original sentence might be commuted through retrial, resulting in the completion of the sentence, a decision may be made to suspend the enforcement of the original judgment or ruling, and when necessary, measures of release on guarantee pending further investigation or residential surveillance may be employed against the defendant.

The three ways to initiate a retrial are as follows:

1. The parties apply for a retrial. It refers to the act of requesting a retrial from a court with jurisdiction to a court with jurisdiction over a legally effective judgment or mediation, and if the party believes that there is a statutory cause for retrial. A judgment on the existence of grounds for retrial violates the concept of proper trial, is unfair to the parties, and also damages the trust of the public in the judiciary, so according to the principles of civil law, the parties have the right to apply for a retrial;

2. The procuratorate protests and retrials. Civil procuratorial counter-appeal refers to litigation activities in which the people's procuratorate submits to the people's court that the effective judgment of the people's court meets the statutory requirements for procuratorial counter-appeal, and requests the people's court to retry the case in accordance with law. At present, there are very few other countries in the world that involve prosecutors in civil litigation that does not involve public interest cases;

3. The court initiates a retrial ex officio. The court's initiation of a retrial ex officio refers to the court's initiation of a retrial of a judgment that has already taken legal effect in accordance with its adjudication authority. This right of the court has been highly controversial in judicial practice, but the new Civil Procedure Law still retains this provision.

Legal basisArticle 205 of the Civil Procedure Law of the People's Republic of China.

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's judgment, ruling, or mediation document that has already taken legal effect.

Article 206.

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 parties apply for a retrial, enforcement of the judgment or ruling is not stopped.