Procedures for applying for retrial (1) Application for retrial by a party 1. Time limit A party applying for retrial shall file it within two years after the judgment or ruling becomes legally effective; the legal document on which the original judgment or ruling was based shall be revoked or If the change has been completed for two years, and if the original judge is found to be hearing cases of corruption, bribery, or malpractice for personal gain, within three months from the date he knew or should have known. 2. Jurisdictional court: If the parties believe that there is an error in a legally effective judgment, ruling, or mediation document, they may apply for retrial to the people's court at the next higher level. 3. Materials to be submitted (1) If applying for reexamination; (2) If a natural person applies for reexamination, a copy of his/her identity certificate shall be submitted; if a legal person or other organization applies for reexamination, a copy of the business license and the identity of the legal representative or principal responsible person shall be submitted. prove. If you entrust another person to apply on your behalf, you must submit a power of attorney and the identity certificate of the agent; (3) The original effective judgment applied for retrial, or a verified copy; the effective judgment and retrial judgment of the second instance must be submitted to the first instance and second instance at the same time. The original copy of the judgment, or a verified copy; (4) Copies of the main evidence submitted during the trial; (5) The legal person or other organization applying for retrial should submit a copy of the business license, legal representative or principal responsible person proof of identity. (5) Evidence materials supporting the reasons for applying for retrial and the request for retrial. (6) Material list in duplicate; (7) Delivery address confirmation. (2) Acceptance of retrial applications In order to enhance the adversarial nature of retrial applications, the Civil Procedure Law stipulates that the people's court shall send a copy of the retrial application to the other party within five days from the date of receipt of the retrial application. The other party shall submit a written opinion within fifteen days from the date of receipt of a copy of the retrial application; failure to submit a written opinion shall not affect the People's Court's review. The People's Court may require the applicant and the other party to supplement relevant materials and inquire about relevant matters[11]. This provision makes the review of retrial applications more comprehensive and accurate, and is in line with the neutral stance of the People's Court. (3) Review of retrial applications 1. Review period The People’s Court shall conduct review within three months from the date of receipt of the retrial application [12]. If there are special circumstances that require an extension, it shall be approved by the president of the court. 2. Review After accepting the retrial application, the People’s Court shall form a collegial panel to conduct the review [13]. The People's Court's method of reviewing cases applying for retrial is as follows: (1) Review the retrial application, written opinions and other materials submitted by the parties. (2) Review the original trial files. If this court believes that it is difficult to make a decision only by reviewing the retrial application and other materials, it shall transfer the reviewed original trial files to the original court. The original court shall submit the request within fifteen days after receiving the request letter as required. (3) Ask the parties concerned. The court may decide whether to question the parties based on the needs of the case trial. If the people's court applies for a retrial on the grounds that new evidence is sufficient to overturn the original judgment or ruling, it shall question the parties. (4) Organize the parties to participate in the court hearing. This court may organize the parties to hold court hearings for cases that apply for retrial for the following reasons: A. If there is new evidence that is sufficient to overturn the original judgment or ruling; if the basic facts identified in the original judgment or ruling lack evidence; B. The original judgment or ruling The main evidence used to determine the facts was forged; C. The original judgment or ruling was indeed wrong in applying the law. (4) Circumstances in which the court makes a ruling 1. Circumstances in which a ruling is made for retrial During the retrial period, if the People's Court decides to retry the case in accordance with the trial supervision procedures based on the review results, it shall file the case and rule to suspend the execution of the original judgment. The ruling shall be signed by the president and stamped with the seal of the People's Court. 2. If the rejection application does not meet the above statutory retrial circumstances, a notice of rejection of the application shall be attached.
2. Submission of application for retrial (1) The application for retrial should state: 1. The basic situation of the person applying for retrial, the respondent and other parties participating in the trial; 2. The first requirement of the Civil Procedure Law Based on the reasons stipulated in Article 179, the reasons that comply with the provisions shall be listed item by item; 3 The name of the first instance court, the original judgment, ruling, and mediation document case number; 4 The specific request for retrial; 5 The legal reasons and specific reasons for applying for retrial Facts and reasons; 6. The name of the court that accepts the retrial application; 7. The signature or seal of the person applying for retrial. (2) Submit four copies of the original and retrial application and one copy according to the number of the respondent and other parties. (3) The acknowledgment of service of the judgment document or other proof that the judgment document is actually effective shall be submitted. (4) If the retrial applicant is a natural person, a copy of the identity certificate shall be submitted; if the retrial applicant is a legal person or other organization, a copy of the business license and a copy of the identity certificate of the legal representative or principal responsible person shall be submitted. If you entrust another person to apply on your behalf, you must submit a power of attorney and proof of identity of the agent. (5) Submit the original judgment or four verified copies; if the effective judgment is a second-instance or retrial judgment, the original judgment or four verified copies of the first-instance and second-instance judgments shall be submitted at the same time; the original judgment or four verified copies of the first-instance and second-instance judgments shall be submitted at the same time. share. (6) Copies of the main evidence submitted during the original litigation process. (7) Evidence supporting the reasons for applying for retrial and the request for retrial. (8) When submitting the reexamination application and other materials, a list of materials should be submitted in duplicate, and the electronic text of the reexamination application materials can be attached, and the confirmation delivery address should be filled in at the same time.