(1) If the facts identified in the original judgment are wrong, or the facts identified in the original judgment are unclear and the evidence is insufficient, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial. (Article 170 of the Civil Procedure Law).
(2) If the original judgment violates legal procedures and may affect the correct judgment of the case, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial. (Article 170 of the Civil Procedure Law).
(3) If the people's court of first instance refuses to hear or make a judgment on the claims made by the parties in the first instance, the people's court of second instance may conduct mediation on the basis of the principle of voluntariness of the parties. If mediation fails, it shall be sent back for retrial. (stipulated in article 182 of several opinions of the Supreme People's Court).
(4) If the parties who must participate in the proceedings do not participate in the proceedings of first instance, the people's court of second instance may mediate according to the principle of voluntariness of the parties. If mediation fails, it shall be sent back for retrial. (stipulated in article 183 of several opinions of the Supreme People's Court).
(5) If the people's court of second instance thinks that divorce should be decided in the first instance, it may mediate on child support and property issues according to the principle of voluntariness of the parties. If mediation fails, it will be sent back for retrial. (stipulated in article 185 of several opinions of the Supreme People's Court).
Extended data:
Related cases remanded for retrial
On September 2007 1, 2065438, Zhu Jinzhou was arrested for holding nine "M5 1S" simulation guns, which has been 385 days. In March this year, Zhu Jinzhou was sentenced to 7 years in prison for the crime of illegally buying and selling guns. The appeal was also rejected.
However, on August 14, Anyang Intermediate People's Court decided to retry the case. A month later, the court ruled that the facts of the original judgment were unclear and sent it back to the tangyin county People's Court for retrial.
A staff member of tangyin county People's Court told Red Star News that the case had indeed been sent back for retrial; Zhu Jinzhou also went home on September 2 1 and changed the compulsory measures to residential surveillance. Since May this year, Red Star News has been tracking the case continuously.
Zhu Jinzhou's wife, Wang Yanhong, told Red Star News that in 20 12, Zhu Jinzhou started to operate the steel business, and the business was good. Three years later, they opened a toy store selling all kinds of children's toys. After the incident, Zhu Jinzhou's toy store in Qianyoutan Village, Fudao Town, tangyin county has closed.
According to the copy of tangyin county People's Court (20 18) No.0523 "criminal judgment", in the summer of 20 17, Zhu Jinzhou bought 3 boxes of M5 1S model simulation guns from Dong Cunlin, Anyang Central Department Store, with 6 guns in each box, and the price was 125 yuan. Upon arrival, Zhu Jinzhou sells at the price of 170 yuan to 2 10 yuan. As of the time of the crime, 9 pieces were on sale.
On September, 2065438 1 day, Tangyin police seized nine "M5 1S" simulation guns at Zhu Jinzhou's residence. After identification, the muzzle specific kinetic energy of nine simulation guns is 2.6 1~3.09 joules/cm2, which is in line with the identification standard of "guns with muzzle specific kinetic energy greater than or equal to 1.8 joules" of the Ministry of Public Security. Zhu Jinzhou was arrested by tangyin county Public Security Bureau on suspicion of illegal possession and possession of guns and ammunition.
On March 22nd, 20 18, Zhu Jinzhou was sentenced to 7 years' imprisonment for illegally buying and selling guns. Zhu refused to accept and appealed. However, the Intermediate People's Court of Anyang made a final ruling: the appeal was dismissed and the original judgment was upheld. Since then, Wang Yanhong and other family members have repeatedly visited Anyang and Tangyin courts to reflect their demands.
On August 14, the case turned around. Anyang Intermediate People's Court made a retrial decision. The "Retrial Decision" stated, "After the president of Anyang Intermediate People's Court submitted it to the Judicial Committee for discussion, it was considered that the case met the conditions for retrial, and Anyang Intermediate People's Court will form a collegiate bench for retrial." On September 18, Zhu Jinzhou's simulated gun case was retried in Neihuang Prison, Henan Province, and no verdict was pronounced in court.
References:
Baidu encyclopedia-sent back for retrial
References:
Baidu encyclopedia-civil procedure law
References:
Baidu Encyclopedia-the Supreme People's Court issued "Opinions on Strengthening the Open Work of People's Courts"