1. What are the latest regulations for filing an application for reexamination?
The latest regulations on filing retrial applications are based on Article 6 of the "Several Opinions of the Supreme People's Court on Accepting and Examining Civil Retrial Applications." If the applicant's retrial application meets the following conditions, the people's court shall accept it within 5 days and send an acceptance notice to the applicant. At the same time, it shall send an acceptance notice, a copy of the retrial application and a confirmation of the delivery address to the respondent and other parties in the original trial. Letter:
(1) The person applying for retrial is a party listed in the effective judgment document, or a person outside the case who complies with the provisions of the law and judicial interpretation;
(2) The person who accepts the retrial application The court is the superior court that issued the effective judgment;
(3) The judgment applied for retrial is an effective judgment that the law and judicial interpretation allows the application for retrial;
(4) The application for retrial is The reason falls within the circumstances stipulated in Article 179 of the Civil Procedure Law.
If the application for reexamination does not meet the above conditions, the person applying for reexamination shall be informed in a timely manner.
Second, the provisions of the Civil Procedure Law on retrial
Civil Procedure Law
Article 39: When a people’s court hears a civil case of first instance, the judge shall composed of members and jurors or judges. The number of members of the collegial panel must be an odd number.
Civil cases subject to summary procedures shall be heard by one judge alone.
Jurors have the same rights and obligations as judges when performing their juror duties.