Article 199 of China's Civil Procedure Law stipulates that if a party thinks that a legally effective judgment or ruling is wrong, it may apply to the people's court at the next higher level for retrial, or to the people's court that originally tried the case with a large number of parties or citizens. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.
Extended data
Initiation of retrial
Court retrial based on trial supervision
The people's court that originally tried the case may, in accordance with the procedure of trial supervision, retry the legally effective judgments, rulings and conciliation statements made by the court, the people's court at a higher level to the people's court at a lower level and the Supreme People's Court to the courts at all levels.
According to Article 198 of the Civil Procedure Law, if the presidents of 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 order the people's courts at lower levels to try them again if errors are found.
According to the provisions of Article 243rd of the Criminal Procedure Law, presidents of people's courts at all levels must submit legally effective judgments and orders to the judicial committee for handling if they are wrong in ascertaining facts or applying laws.
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.
Baidu encyclopedia-retrial