How to try a retrial case? In civil litigation, there are retrial based on the right of trial supervision, protest retrial based on procuratorial supervision and application retrial based on the right of appeal of the parties. People's courts should naturally try retrial cases differently. The trial of retrial cases shall follow the following procedures:
1. Order to suspend the execution of the original referee.
If a retrial is decided in accordance with the retrial procedure, the people's court shall make a ruling on remanding for retrial, designating for retrial or retrial on its own, and the ruling shall also include the content of suspending the execution of the original judgment. After the retrial decision is made, the execution of the original referee is suspended, not revoked. Because when deciding to retry, although the original referee has been found to have made mistakes, the retrial decision is only made in the procedural sense, and it is still impossible to determine whether the original referee has made substantive mistakes. As for whether there is any mistake in the original judgment, it can only be determined after retrial. Therefore, retrial cases do not have to be changed. If the original referee is found to be error-free after retrial, the original referee shall be maintained. If the original judgment has been revoked in advance, the people's court will inevitably fall into a passive position.
The ruling to suspend the execution of the original judgment shall be signed by the president and sealed by the people's court. The ruling can only be signed by the president, not by others or judicial organizations. Because the judge who has participated in the trial of the case has no right to participate in the retrial, the retrial ruling and the ruling to suspend the execution of the original judgment cannot be signed by the collegial panel, but should be signed by the president of the court in the name of the people's court.
2. Form a collegial panel separately.
According to the provisions of the Civil Procedure Law, when the people's court retries a case according to the retrial procedure, it shall form a collegial panel separately. When trying a retrial case, the collegiate system must be adopted, but not the sole system, that is, a collegiate panel of judges must be formed to retry the case. Members of the original collegial panel may not participate in the newly formed collegial panel or the retrial of a case. In addition, the collegial panel of retrial cases should not have jurors, which is determined by the characteristics of retrial cases.
3. Conduct the trial according to the original trial procedure.
According to the provisions of the Civil Procedure Law, when the people's court retries a case according to the retrial procedure, the legally effective judgment or ruling is made by the court of first instance, and the trial is conducted according to the ordinary procedure of first instance, and the parties may appeal against the judgment or ruling made; A legally effective judgment or ruling shall be made by the court of second instance and tried in accordance with the procedure of second instance. The judgment or ruling made is a legally effective judgment or ruling; Cases tried by the Supreme People's Court and the people's court at a higher level in accordance with the retrial procedure shall be tried in accordance with the second instance procedure. The judgment or ruling made has taken legal effect, and the parties may not appeal. Because the retrial case is tried in accordance with the original trial procedure, the trial, judgment, sentencing and trial period are all conducted in accordance with the original trial procedure.
4. Retrial cases can still be mediated.
Mediation principle is a basic principle of civil procedure law, which runs through the whole process of litigation. Therefore, when trying a case according to the retrial procedure, if the parties are willing to mediate, they can still mediate. If a mediation agreement is reached through mediation, the original judgment shall be deemed to be revoked after the mediation book is served. If mediation fails, a judgment should be made in time, and it cannot be delayed for a long time.