Matters needing attention in retrial
1. If a party refuses to accept the legally effective civil judgment, ruling or conciliation statement of the first and second instance of the Higher People's Court, it may apply to the Supreme People's Court for retrial.
A case in which one party has a large number of people or both parties are citizens may apply to the former Higher People's Court for retrial; To apply for retrial in the Supreme People's Court, retrial materials shall be submitted through the former Higher People's Court.
2. One party applying for retrial is the retrial applicant and the other party is the respondent.
3. The civil judgment, ruling and conciliation statement applying for retrial shall belong to the effective legal documents permitted by laws and judicial interpretations.
4. The application for retrial shall be based on the reasons listed in Article 200 of the Civil Procedure Law; The application for retrial of the effective conciliation statement shall be made in accordance with the provisions of Article 201 of the Civil Procedure Law.
The applicant for retrial shall apply for retrial within the time limit stipulated in Article 205th of the Civil Procedure Law.
5. The applicant for retrial shall submit an application for retrial in duplicate, and submit a copy of the application for retrial according to the number of the respondent and other parties in the original trial.
6. The application for retrial shall contain the following items:
(1) Basic information of the retrial applicant, the respondent and other parties in the original trial. If the party is a natural person, the name, gender, date of birth, nationality, occupation (or work unit and position), address, effective contact telephone number (including fixed or mobile telephone number) and mailing address shall be listed; If the party is a legal person or other organization, its name, domicile and the name, position, effective contact telephone number (including fixed or mobile telephone number) and mailing address of its legal representative or principal responsible person shall be listed;
(2) The name of the people's court that made the judgment, ruling or conciliation statement, and the case number of the judgment, ruling or conciliation statement;
(3) Specific requests for retrial;
(four) the legal situation on which the application for retrial is based (the specific articles, paragraphs and items of the Civil Procedure Law on which it is based shall be listed) and the specific facts and reasons;
(5) A clear statement on applying to the Supreme People's Court for retrial;
(6) The applicant for retrial shall sign or seal, and indicate the date of submission to the court.
7. The applicant for retrial shall submit the following materials in addition to the retrial application specified in the preceding article:
(1) If the retrial applicant is a natural person, submit a copy of the identity certificate; If the applicant for retrial is a legal person or other organization, it shall submit a copy of the business license or organization code certificate and the identity certificate of the legal representative or principal responsible person. If a natural person, legal person or other organization entrusts another person to apply, it shall submit a power of attorney signed or sealed by it. If the entrusted agent is a lawyer, the official letter of the law firm and a copy of the lawyer's practice certificate shall also be submitted; If the entrusted agent is a grassroots legal service worker, a copy of the legal service letter and the legal service worker's practice certificate shall be submitted; If the entrusted agent is a close relative or staff member of the party concerned, a copy of the agent's identity certificate shall be submitted at the same time; If the entrusted agent is a citizen recommended by the community, unit and relevant social groups where the parties are located, a letter of proof from the relevant department and a copy of the identity certificate of the agent shall be submitted.
All the above personnel should indicate the telephone number and other relevant information for easy contact.
(2) The original or verified copy of the retrial judgment, ruling and conciliation statement; If the judgment, ruling or conciliation statement is a judgment of second instance, the original document or a verified copy of the judgment of first instance shall be submitted at the same time.
(three) a copy of the main evidence submitted in the course of the original trial;
(4) The legal circumstances on which the application for retrial is based and the evidential materials for requesting retrial.
(5) Where an applicant for retrial applies for a retrial of a judgment that has been in effect for more than six months, he shall provide relevant evidential materials in accordance with the provisions of Items 1, 3, 12 and 13 of Article 200 of the Civil Procedure Law.
Submit the above materials (1) to (5) in duplicate.
8. The retrial applicant shall submit an application for retrial on A4-type paper, and at the same time, it shall be accompanied by editable first-instance and second-instance judgment documents and electronic documents of the retrial application (CD-ROM burned in word format in 2003). And fill in the "the Supreme People's Court civil retrial litigation materials collection list", confirm the service address, and confirm whether to agree to serve the litigation documents by email.
9. If the retrial application and other materials submitted by the retrial applicant do not meet the above requirements, or there are personal attacks and other contents that may lead to intensified contradictions, they shall be supplemented or corrected in accordance with the above requirements.
legal ground
People's Republic of China (PRC) Civil Procedure Law Article 41 In trying civil cases of second instance, the people's court shall be composed of a collegial panel of judges. The number of members of the collegial panel must be odd.
When an intermediate people's court tries a civil case of second instance with clear facts and clear rights and obligations, it may be tried by a single judge with the consent of both parties.
For a case remanded for retrial, the people's court that originally tried it shall form a collegial panel in accordance with the procedure of first instance.
If the retrial case originally belonged to the first instance, a collegial panel shall be formed separately in accordance with the procedure of first instance; If it was originally a case of second instance or brought a lawsuit to a higher people's court, a collegial panel shall be formed separately in accordance with the procedure of second instance.