The appeal procedure of the Third Circuit Court of the Supreme Court

Complaint is a democratic right, belonging to the broad right of complaint, which has the characteristics of "six infinity", that is, there is no limit on the number, level, case, subject and organ. It is precisely because there are no specific appeal conditions that it is very difficult for the parties and others to appeal. As a litigation right, applying for retrial must have corresponding legal conditions. The subjects applying for retrial are the parties and their legal representatives. The subject applying for retrial is strictly limited to the parties in the original trial and their legal representatives, and no one else has the right to apply for retrial. The object of application for retrial is the effective judgment or ruling that is really wrong, as well as the conciliation statement that violates the principle of voluntariness or the content is illegal.

Legal basis:

Article 253 of the Criminal Procedure Law of People's Republic of China (PRC), the people's court shall retry the complaint of the parties concerned, their legal representatives and close relatives in any of the following circumstances:

(a) there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing;

(2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;

(3) The application of the law in the original judgment or ruling is indeed wrong;

(four) in violation of legal procedures, which may affect the fair trial;

(5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.