What is the retrial application review hearing?

Legal analysis: In recent years, the hearing system for retrial application review is a traditional closed written way adopted by people's courts to reform the review of retrial application and appeal of the parties, to implement a direct and open way, to hear the reasons for retrial application and appeal put forward by retrial applicants and complainants face to face, to raise objections to the facts, evidence and results of the original judgment, and then to review the new evidence provided by them. It is also allowed to inform the other party who came to attend the hearing to refute, refute or admit the complainant's reasons for complaint, so as to determine whether the original effective judgment is indeed wrong, whether the retrial application and complaint of the parties meet the statutory retrial conditions, and then decide whether to file a retrial or reject the application and complaint. Follow a set of procedural rules. This procedural rule has not been stipulated in laws and judicial interpretations. Although some regulations have been issued in some places, which provide some useful enlightenment, they are still in the stage of experimental exploration.

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

Article 198 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 of their own courts, 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 order the people's courts at lower levels to try them again if errors are found.

Article 199 If a party considers that a legally effective judgment or ruling is wrong, it may apply to a 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.

Article 201 If the parties present evidence to prove that the legally effective conciliation statement or conciliation violates the principle of voluntariness or the contents of the conciliation agreement violate the law, they may apply for a retrial. If it is verified by the people's court, it shall be retried.

Article 203 When applying for retrial, a party 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.

Criminal Procedure Law of the People's Republic of China

Article 252 The parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against a legally effective judgment or ruling, but the execution of the judgment or ruling shall not be suspended.

Article 253 The people's court shall retry the appeal of the parties, their legal representatives or close relatives in any of the following circumstances:

(a) there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing;

(2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;

(3) The application of the law in the original judgment or ruling is indeed wrong;

(four) in violation of legal procedures, which may affect the fair trial;

(5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.

Article 254 If the presidents of people's courts at all levels find errors in ascertaining facts or applying laws in legally effective judgments and orders, they must submit them to the judicial committee for handling.

The Supreme People's Court has the right to send back or instruct the people's courts at lower levels to retry the legally effective judgments and rulings of the people's courts at all levels. If the people's courts at higher levels find that there are indeed mistakes, they have the right to send back or instruct the people's courts at lower levels to retry.

The Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels is wrong, and the people's procuratorate at a higher level has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision.

When a people's procuratorate protests a case, the people's court that accepts the protest shall form a collegiate bench for retrial. If the facts of the original judgment are unclear or the evidence is insufficient, the people's court at a lower level may be ordered to retry.