a case in which a party applies for adjudication of retrial shall be tried by a people's court at or above the intermediate level. Cases decided by the Supreme People's Court and the Higher People's Court for retrial shall be retried by this court or other people's courts, or by the people's court that originally tried them.
2. Application form for retrial
Applicant: Respondent: Applicant? Due to a dispute with the respondent, the Intermediate People's Court of XXX made a civil judgment of (XXXX) XXX final wordNo.. XXX, the applicant thinks that the judgment is XXXX (write your main reasons here), and now apply to your hospital for retrial. Request: 1, XXX2, XXX Facts and reasons: XXX to XXX Provincial Higher People's Court Applicant: Year? Month? Sun
3. Legal procedures
1. To file a retrial application for a legally effective civil judgment, ruling or conciliation statement, the applicant for retrial should be the party in the original trial and its legal representative, the person who bears the rights and obligations of the party in the original trial and their close relatives.
if the presidents of the people's courts at all levels find that there are errors in the legally effective judgments, rulings and conciliation statements, and think that a retrial is necessary, they shall submit them 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 to order the people's courts at lower levels to retry them.
2. If a party considers that a legally effective judgment or ruling is wrong, it may apply to the people's court at the next higher level for retrial; A case in which one party has a large number of people or both parties are citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
Third, the application for retrial of a civil case is made in view of the fact that the legally effective judgment, ruling or conciliation statement of the people's court is indeed wrong, so the application for retrial of a civil case shall not exceed the request of the original trial.
during the trial of a civil retrial case, the applicant for retrial shall not change, add the litigation request or file a counterclaim (except that the original trial has been counterclaimed).
iv. the applicant for retrial applies to the people's court for retrial, and the people's court retries civil cases that meet the conditions for retrial. A civil case applying for retrial can only enter the retrial procedure and be put on file for retrial if it meets one of the retrial conditions stipulated in the first paragraph of Article 179 of the Civil Procedure Law of People's Republic of China (PRC).
5. The parties to a civil case should apply for retrial within six months after the judgment or ruling has become legally effective.
VI. A party may not apply for a retrial for a legally effective judgment or conciliation statement on the dissolution of marriage.
VII. If a party applies for retrial, it shall submit an application for retrial and other materials. The people's court shall, within five days from the date of receiving the application for retrial, send a copy of the application for retrial to the other party. The other party shall submit written opinions within fifteen days from the date of receiving the copy of the retrial application; Failure to submit written opinions 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 ask about relevant matters.
VIII. The people's court shall conduct an examination within three months from the date of receiving the application for retrial. If it meets the requirements of this Law, it shall order a retrial; If it does not conform to the provisions of this law, the application shall be rejected. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
IX. If the retrial is still not satisfied, in any of the following circumstances, the parties may put forward procuratorial suggestions or protest to the people's procuratorate:
(1) The people's court rejects the application for retrial;
(2) 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.
Extended data:
This law stipulates that:
The people's court shall retry:
(1) There is new evidence sufficient to overturn the original judgment or ruling;
(2) the basic facts identified in the original judgment or ruling are not proved by evidence;
(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;
(4) The main evidence of the facts ascertained in the original judgment or ruling has not been cross-examined;
(5) The main evidence required for the trial of a case cannot be collected by the parties themselves due to objective reasons, and the people's court fails to investigate and collect the main evidence in writing;
(6) The original judgment or written order is indeed wrong in applying the law;
(7) The composition of the judicial organization is illegal or the judge who should be avoided according to law fails to do so;
(8) A person without legal capacity does not have a legal representative, or a party who should participate in the litigation fails to participate in the litigation due to reasons not attributable to him or his agent ad litem.
(9) depriving the parties of the right to debate in violation of the law;
(1) judgment is made by default without summons;
(11) The original judgment or ruling is omitted or exceeds the claim;
(12) The legal document on which the original judgment or ruling was based has been revoked or changed;
(13) A judge commits corruption, bribery, favoritism and malpractice, or perverts the law when trying a case.
Baidu Encyclopedia: Appeal