Application for retrial refers to a kind of litigation procedure in which the parties apply for a legally effective judgment or ruling and request a higher court to retry the case. The legal provisions for applying for retrial mainly include the following aspects:
1. Scope of application: According to the provisions of the Civil Procedure Law of People's Republic of China (PRC) and the Criminal Procedure Law of People's Republic of China (PRC), a party may apply for a retrial of a legally effective judgment or ruling within a certain period of time.
2. Conditions for retrial: The application for retrial must meet certain legal conditions. For example, in civil cases, the retrial application must have new evidence to overturn the original judgment, or the original judgment violates the law. In criminal cases, the retrial application must have new important evidence or new facts, which can overturn the original judgment.
3. Retrial procedure: The retrial procedure is generally divided into two stages, namely, the review stage and the trial stage. In the review stage, the higher court reviews the retrial application to determine whether it meets the retrial conditions. Those who meet the requirements will enter the trial stage, and the case will be retried by a higher court.
4. Effectiveness of retrial: The result of retrial procedure is to re-examine and adjudicate the original judgment and ruling, and the original judgment and ruling can be changed or maintained according to the retrial result.
It should be noted that applying for retrial is a strict legal procedure, and the applicant must meet the legal conditions and apply in accordance with the prescribed procedures. For the retrial of specific cases, it is suggested to consult a professional lawyer to obtain accurate legal advice. .
Legal basis:
Civil Procedure Law of People's Republic of China (PRC) (202 1 revised);
Part II Trial Procedure Chapter XVI Trial Supervision Procedure Article 214 In a case retried by a people's court in accordance with the trial supervision procedure, a legally effective judgment or ruling shall be made by the court of first instance, and the trial shall be conducted in accordance with the procedure of first instance, and the parties may appeal against the judgment or ruling made; A legally effective judgment or ruling shall be made by the court of second instance and tried in accordance with the procedure of second instance. The judgment or ruling made is a legally effective judgment or ruling; If a people's court at a higher level brings a lawsuit in accordance with the procedure of trial supervision, it shall try it in accordance with the procedure of second instance, and the judgment or ruling made shall become legally effective. When trying a retrial case, the people's court shall form a collegial panel separately.