Remedial methods for exceeding the retrial period

The remedy for exceeding the retrial period is to appeal to the court and apply to the procuratorate for protest. If you are dissatisfied with the effective judgment or ruling, you can apply for retrial, and the time limit for applying for retrial is generally within 6 months after the judgment or ruling takes effect. After this time limit, you can't apply for retrial, so you can only take other methods.

1. If the parties think that the legally effective judgment or ruling is wrong, they may apply to the people's court at the next higher level for retrial;

2, a large number of parties or both of them are citizens, you can also apply to the people's court of first instance for retrial;

3. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.

What should I do if I apply for retrial beyond the time limit?

1. In criminal cases, the parties can not only apply to the procuratorate for retrial suggestions or protests after their retrial applications are rejected by the court;

2. In terms of civil cases, Article 209 of the Xinmin Procedure Law stipulates that the parties apply to the procuratorial organs for retrial procuratorial suggestions or protests, which stipulates three preconditions:

(1) The people's court rejected the application for retrial;

(two) the people's court fails to make a ruling on the retrial application within the time limit;

(3) There are obvious errors in the retrial judgment or ruling.

This provision gives the parties the right to apply to the procuratorial organ for retrial procuratorial suggestions or protests, and at the same time, it takes applying to the court for retrial as the pre-procedure for applying to the procuratorial organ for retrial procuratorial suggestions or protests. If the overdue application for retrial is rejected by the court, it obviously conforms to the first situation, and you can apply to the procuratorial organ for retrial and protest or protest;

3. As for administrative cases, similar to civil cases, after the overdue retrial application is rejected by the court, you can turn to the procuratorial organ to apply for retrial procuratorial suggestions or protests.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Legal basis: Article 118 of the Civil Procedure Law of People's Republic of China (PRC).

The legally effective judgments of the presidents of people's courts at all levels. If it is found that the ruling or conciliation statement is indeed wrong and it is considered necessary to have a retrial, it shall be submitted to the judicial committee for discussion and decision. The Supreme People's Court has the right to send back the legally effective judgments, rulings and conciliation statements of local people's courts at all levels and people's courts at higher levels or order the people's courts at lower levels to try them again if errors are found.