Retrial is to correct the wrong judgment or ruling that has taken legal effect, and to retry the case according to the procedure of trial supervision.
Article 179 of the Civil Procedure Law The people's court shall retry the application of a party under any of the following circumstances:
(1) There is new evidence sufficient to overturn the original judgment or ruling;
(two) the basic facts identified in the original judgment or ruling lack evidence to prove;
(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;
(four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined;
(five) the evidence needed for the trial of the case is not collected by the parties themselves due to objective reasons, and the people's court fails to investigate and collect the evidence in writing;
(6) The application of the law in the original judgment or ruling is indeed wrong;
(seven) in violation of laws and regulations, the jurisdiction is wrong;
(eight) the composition of the judicial organization is illegal or the judges who should be avoided according to law have not avoided;
(9) A person without capacity for litigation does not have a legal representative, or the party who should participate in the litigation does not participate in the litigation due to reasons not attributable to him or his agent ad litem.
(ten) in violation of the law, depriving the parties of the right to debate;
(eleven) without being summoned, the judgment is made by default;
(12) The original judgment or ruling is omitted or exceeds the claim;
(thirteen) the legal documents on which the original judgment or ruling was based were revoked or changed.
The start of retrial procedure is generally filed with the court at the next higher level that made the judgment, because the superior and subordinate of the court are supervisory. For the mistakes in the first instance and the second instance, of course, it is their superior court supervision organ. This is the idea of many parties. In fact, retrial can be brought to the court of first instance, mainly for the convenience of the parties. In practice, it is true that the parties directly go to the higher court to file a retrial.