The time limit for civil retrial is three months from the date of receiving the retrial application. If there are special circumstances that need to be extended, it must be approved by the president. The time limit for retrial in criminal proceedings shall be concluded within three months from the date of making the decision on arraignment and retrial, and shall not exceed six months if it is necessary to extend the time limit. Criminal retrial procedure is a special error correction system when an effective judgment or ruling finds errors in fact finding or legal application. The different departments that initiate retrial also reflect the different channels of appeal and relief of the parties. The parties can not only reflect their demands to the Intermediate People's Court, but also appeal to the Provincial High Court and the Procuratorate.
The procedures for applying for retrial in criminal cases are as follows:
1. If the parties, legal representatives, close relatives or lawyers are dissatisfied with the effective judgment, they need to apply to the procuratorate at the same level of the court that made the effective judgment for retrial;
2. You can directly apply to the superior procuratorate of the procuratorate at the same level of the effective court for retrial, which can be accepted by the procuratorate wanted by the effective court. If the case is serious and complicated, the higher procuratorate can also accept it directly;
3. After applying for retrial, if the procuratorate considers it necessary to draw or draw a protest, it shall report to the chief procurator for decision;
4, to review the case of retrial, make a decision within three months.
To sum up, in the case that China's civil procedure law has not been revised, it should be a way to limit unlimited retrial by formulating judicial interpretation, standardizing retrial filing and reasonably setting retrial times.
Legal basis:
Article 258 of the Criminal Procedure Law
A case retried by the people's court in accordance with the procedure of trial supervision shall be concluded within three months from the date of making the decision to remand it for retrial, and if the time limit needs to be extended, it shall not exceed six months.