1. According to the regulations, if the parties concerned, their legal representatives and close relatives lodge a complaint against a legally effective judgment or ruling of the people's court, and the people's procuratorate or the people's court rejects it, it will not be accepted;
2. Complaints can be made by lawyers or by themselves;
3. The complaint shall submit the original files, evidence and other materials;
4. The complaint shall specify the identity, cause of action, reasons and requirements of the complainant, and shall be signed or sealed by the complainant.
The retrial procedure has the following circumstances:
1. After the judgment of the second and final instance, the defendant may apply to the court for a retrial because he has new evidence to prove his innocence or other evidence to prove that the original judgment was grossly wrong;
2. Due to a major mistake, the original judgment has caused substantial damage to the interests of the parties, and the parties may apply to the court for retrial;
3. If the Supreme People's Procuratorate thinks that the original judgment is obviously wrong or illegal, he may lodge a protest with the Supreme People's Court and ask for a retrial.
To sum up, retrial refers to a kind of judicial relief that the judgment or ruling made by the courts of first and second instance has a major error or violates legal procedures, resulting in an error in the judgment or ruling, and the appellee or other interested parties request a higher court to retry the case. Retrial is mainly to correct the mistakes made by the court of first instance in the trial of cases, safeguard judicial justice and protect the legitimate rights and interests of the parties.
Legal basis:
Article 206 of the Civil Procedure Law of People's Republic of China (PRC)
If a party considers that a legally effective judgment or ruling is wrong, it may apply to a people's court at the next higher level for retrial; A case with a large number of people or both citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
Article 207
In any of the following circumstances, the people's court shall retry the application:
(1) There is new evidence sufficient to overturn the original judgment or ruling;
(two) the basic facts identified in the original judgment or ruling lack evidence to prove;
(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;
(four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined;
(five) the main evidence needed for the trial of the case, the parties can not collect it by themselves due to objective reasons, and apply in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it;
(6) The application of the law in the original judgment or ruling is indeed wrong;
(seven) the composition of the judicial organization is illegal or the judges who should be avoided according to law have not avoided;
(8) A person without capacity for litigation has no legal representative, or a party who should participate in the litigation fails to participate in the litigation due to reasons not attributable to him or his agent ad litem.
(nine) in violation of the law, depriving the parties of the right to debate;
(ten) without a summons, the judgment is made by default;
(eleven) the original judgment or ruling omitted or exceeded the claim;
(twelve) the legal documents on which the original judgment or ruling was based have been revoked or changed;
(thirteen) the judge has corruption, bribery, favoritism, perverting the law in the trial of the case.