What should I do if an error is found after judicial confirmation?

After judicial confirmation, errors are discovered, and they must be submitted to the adjudication committee for handling, and the adjudication committee members are to decide whether to make a new judgment in the case.

Legal analysisTherefore, when the parties to the mediation believe that the judicial confirmation is wrong, they cannot apply for a retrial, but they can submit an opinion to the department that made the judicial confirmation and submit the corresponding supporting materialsLegal basisto explain where the error was. If the court finds that the ruling or decision confirming the mediation agreement is wrong, it may revoke the original ruling or decision and reject the party's application for confirmation. If they are not parties to the case, and the person not involved in the case believes that the mediation agreement confirmed by the people's court infringes upon their lawful rights and interests, they may apply to the people's court that made the confirmation decision to revoke the confirmation decision within one year from the date on which they knew or should have known that their rights and interests had been infringed.

The judicial confirmation system refers to the system whereby an agreement with the nature of a civil contract reached through mediation by an administrative organ, a people's mediation organization, a commercial mediation organization, an industry mediation organization or other organization with mediation functions for disputes involving civil rights and obligations is signed and sealed by the mediation organization and the mediator, or after the two parties sign the agreement, if both parties deem it necessary, jointly apply to the people's court for confirmation of their legal effect. The judicial confirmation system is a powerful support and guarantee given by the people's courts in the use of judicial power to the people's mediation work, and is also a judicial relief and judicial guarantee for the parties. The people's mediation system shines with the light of the rule of law, and this system provides the people with an alternative dispute resolution mechanism, which can reduce litigation and ensure the effective implementation of agreements.

Legal basisPeople's Mediation Law of the People's Republic of China》 Article 33: After the mediation agreement is reached through mediation by the people's mediation committee, if both parties find it necessary, they may jointly apply to the people's court for judicial confirmation within 30 days of the mediation agreement taking effect, and the people's court shall promptly review the mediation agreement and confirm the validity of the mediation agreement in accordance with law. Where the people's court confirms the validity of the mediation agreement in accordance with law, and one party refuses to perform or fails to perform in full, the other party may apply to the people's court for compulsory enforcement. Where the people's court confirms that the mediation agreement is invalid in accordance with law, the parties may modify the original mediation agreement or reach a new mediation agreement through people's mediation, and may also file a lawsuit in the people's court.

1. When other courts at all levels discover that there is an error in a judgment that has already taken legal effect, and it is deemed necessary to try it again, it shall submit it to the adjudication committee for discussion and decision. The Civil Procedure Law allows the court to correct the judgment or ruling made by the court when there is an error, so the court at all levels can suspend the enforcement of the original judgment and then form a new collegial panel for retrial. 2. When the Supreme People's Court discovers that a judgment or ruling of a local court at any level is in error, it has the right to bring the case to trial or designate a lower people's court to conduct a retrial of the case.

If a lower people's court is designated for a retrial, the lower level people's court shall report the new trial result to the Supreme People's Court after the trial is rehearsed. 3. When a higher people's court discovers that a lower people's court's judgment or ruling is in error, it may bring it to trial or designate a lower people's court for retrial, and may supervise the judgment of the lower people's court so that it can correct the error.

It is possible to apply for a retrial to the court that made the effective judgment or the court at the next higher level, and of course, during the retrial period, the enforcement of the original judgment will generally not be stopped.

Article 198 of China's "Civil Procedure Law": Where the presidents of all levels of people's court discover that there are truly errors in that court's judgment, ruling, or mediation document that has already taken legal effect, and find 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 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 parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

I. The scope of judicial appraisal complaints accepted by judicial-administrative organs.

What falls within the scope of judicial appraisal complaints accepted by judicial-administrative organs?

According to Article 8 of the Measures for Handling Complaints about Forensic Practice Activities of the Ministry of Justice of the People's Republic of China No. 123, citizens, legal persons and other organizations may file a complaint with the judicial-administrative organ at or above the county level where the forensic appraisal institution is domiciled or where the forensic expert practice institution is located if they believe that the forensic authentication institution and the forensic expert have committed any of the following violations of laws and regulations in their professional activities:

1. Engaging in judicial appraisal activities beyond the registered business scope or practice category;

2. Engaging in judicial appraisal activities in violation of the rules of judicial appraisal procedures;

3. Causing losses to the legitimate rights and interests of the parties due to irresponsibility;

4. Violating the regulations on the management of judicial appraisal fees;

5. The forensic appraisal institution refuses to accept the entrustment of forensic appraisal without justifiable reasons;

6. The forensic appraiser privately assigns the spine to accept the entrustment of the forensic appraisal;

7. Upon notice from the people's court, the forensic evaluator refuses to appear in court to testify without a legitimate reason;

8. Judicial appraisal includes the elderly deliberately making false appraisals;

9. Other behaviors that violate the provisions on the management of judicial appraisal. The complainant shall submit written complaint materials to the judicial-administrative organs. The content of the complaint materials includes:

The name of the respondent, the complaint request, and the relevant facts and reasons, and provide relevant supporting materials such as the judicial appraisal agreement and judicial appraisal documents. Complaint materials shall be truthful, lawful, and sufficient.

If the complainant entrusts another person to make a complaint, the complainant shall submit the complainant's power of attorney and his or her own identity certificate.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 198: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 judgment, ruling, or mediation document of a lower people's court that has already taken legal effect.

Article 199:Where parties feel 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, the bench beam may also apply to the original people's court for a retrial. Where parties apply for a retrial, enforcement of the judgment or ruling is not stopped.

1. Insist on applying for re-appraisal.

First of all, it is necessary to obtain the judge's support for the reappraisal application, not simply to submit the application, but to prepare sufficient and reasonable reasons for the reappraisal application, and to collect evidence as much as possible.

2. Complain to the judicial-administrative organs.

Complain to the judicial-administrative organs to achieve the purpose of revoking the judicial appraisal conclusion of the Dust Bridge Law. If a forensic institution conducts forensic activities in violation of laws and disciplines, it may file a complaint with the provincial-level judicial administrative department. The judicial administrative departments may investigate and handle their illegal conduct, so that the original appraisal conclusion is invalidated or the judicial appraisal structure takes the initiative to revoke the illegal appraisal conclusion.

3. Take the initiative to collect other evidence to overturn the appraisal conclusion.

There will be a "statement" on the front page of a formal judicial appraisal opinion, which often includes words such as what the client should provide to the appraisal agency with true, complete and sufficient appraisal materials, and be responsible for the authenticity and legitimacy of the appraisal materials. If evidence can be collected that negates the authenticity, completeness, sufficiency, and legality of the prosecution materials, the appraisal opinion will naturally lose its basis and cannot be used as evidence in a verdict.

Individuals applying for judicial appraisal may apply for judicial appraisal themselves or entrust a lawyer to handle it on their behalf. The results of the judicial appraisal are not only important evidence for the court to hear the case, but also important evidence for the victim's claim.

A sullen, re-identified situation.

In any of the following circumstances, the forensic evaluation body may accept the commission to conduct a new evaluation:

1) The original forensic evaluator does not have the qualifications to engage in the appraisal of the original entrusted matter;

2) The original forensic appraisal body organizes an appraisal beyond the scope of its registered operations;

3) Where the original forensic evaluator shall recuse himself or herself in accordance with provisions, but did not recuse himself;

4) The client or other litigants have objections to the original evaluation opinion, and can submit a lawful basis and reasonable grounds;

5) Other circumstances provided for by law or where the people's court finds that a new evaluation is necessary.

In fact, the above-mentioned reasons for re-appraisal are more used in the process of applying for re-appraisal if they are not satisfied with the appraisal results, and they are also the legal basis for the court to agree to re-appraisal and accept the appraisal application. If you are simply not satisfied with the appraisal conclusion, it cannot be used as a reason to reapply for appraisal. The appraisal rules give the statutory reasons that we can make.

In order to ensure the effectiveness of the re-appraisal, the appraisal rules stipulate that the qualifications of the forensic appraisal institution that accepts the re-appraisal shall generally be higher than that of the forensic appraisal institution originally retained.

The re-evaluation shall be entrusted to another forensic evaluation body other than the original evaluation body that is included in the roster of forensic evaluation bodies; Where the client agrees, the original forensic evaluation institution may also be retained to have it conducted by a qualified forensic evaluator other than the original forensic evaluator.

For appraisal matters involving major cases or encountering particularly complex, difficult, or special technical issues, the competent department for forensic appraisal or forensic industry organizations may organize multiple forensic appraisal institutions to conduct appraisals on the basis of the entrustment or consent of the judicial organs.

The law is divided into respects

The court will generally reply that it can go to the court that made the effective judgment or the court at the next higher level to apply for a retrial, and during the retrial period, the enforcement of the original judgment will generally not be stopped.

Legal basis: Civil Procedure Law of the People's Republic of China" Article 198: Where the president of any level of people's court 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, he shall submit it to the adjudication committee for discussion and decision.