1. If the people decide to send back the case for retrial, the parties may submit new evidence, which will be cross-examined by both parties during the trial.
2. Legal basis: Article 139 of the Civil Procedure Law of People's Republic of China (PRC), the judicial power of the parties.
The parties may present new evidence in court. With the permission of the court, the parties may ask questions to witnesses, expert witnesses and inspectors. If a party requests a new investigation, appraisal or inspection, the people's court shall decide whether to grant it or not.
Article 170 The people's court of second instance shall, after hearing the appeal case, handle it separately according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld the original judgment or ruling;
(two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law;
(3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained;
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial.
After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.
Two, how to determine the time limit for proof in the civil procedure law?
1. The defendant shall submit a statement of defense before the expiration of the defense period, stating his opinions on the plaintiff's claim and the facts and reasons on which it is based.
2. The people's court shall serve the Notice of Acceptance of the Case and the Notice of Respondent on the parties. The notice of proof shall specify the distribution principle and requirements of the burden of proof, the circumstances in which you can apply to the people's court for investigation and evidence collection, the time limit for proof specified by the people's court according to the circumstances of the case, and the legal consequences of providing evidence within the time limit.
3. The time limit for adducing evidence may be agreed upon by the parties through consultation and approved by the people's court.
4. If the people's court has provisions on the time limit for adducing evidence, the prescribed time limit shall not be less than 30 days, counting from the day after the party receives the notice of accepting the case and the notice of responding to the lawsuit.
5. The parties shall submit evidence materials to the people's court within the time limit for adducing evidence. If a party fails to submit evidence within the time limit for adducing evidence, it shall be deemed as giving up the right to adduce evidence.
6. If a party adds or changes a claim or makes a counterclaim, it shall do so before the expiration of the time limit for adducing evidence.
7. If a party changes his claim, the people's court shall re-specify the time limit for adducing evidence.
8. If it is really difficult for a party to submit evidence materials within the time limit for adducing evidence, it shall apply to the people's court for an extension of adducing evidence within the time limit for adducing evidence. With the permission of the people's court, the time limit for adducing evidence may be appropriately extended. If it is still difficult for the parties to submit evidence materials within the extended time limit for adducing evidence, they may apply for an extension again, and whether or not to grant it shall be decided by the people's court.
According to the provisions of the Civil Procedure Law, the parties may present new evidence in court. Therefore, if the parties to the case that the people decide to send back for retrial have new evidence, they can submit cross-examination at the trial. I hope the above content can help you. If you have any other questions, please click the button below to consult a professional lawyer.