After receiving the proposal for retrial, the people's court shall form a collegial panel to examine it within three months. If it finds that the original judgment, ruling or conciliation statement is indeed wrong, it shall rule for retrial and notify the parties concerned; If it is decided not to retry after examination, it shall give a written reply to the people's procuratorate.
Retrial procedure is a trial procedure in which the parties, people's procuratorates and people's courts, based on legal facts and reasons, believe that the legally effective judgment is indeed wrong and apply for a retrial of the corresponding case, which is tried by the people's court. It belongs to "extraordinary program" and is "anti-program". The people's court filed a retrial ex officio (the people's court that originally tried decided to retry, and the Supreme People's Court and the people's court at a higher level sent it back for retrial and ordered it to be retried. The people's procuratorate protested and caused a retrial, and the parties applied for retrial. The number of retries is limited to one.
The procedure of second instance, also known as the procedure of appeal trial, is the steps, ways and methods that the people's court of second instance should follow when trying the facts and applicable laws determined by the judgments and rulings of the people's court of first instance that have not yet taken legal effect according to the appellant's appeal or the people's procuratorate's protest. Liability for medical malpractice. It is an independent litigation stage in criminal proceedings. Appeals can be made by appeal or orally. The biggest difference between the two is that the burden of proof in the civil litigation of the legally effective judgment in the retrial procedure and the judgment that has not yet been legally effective in the second instance procedure is generally distributed in the way of "whoever gives evidence". Of course, there are also cases where the burden of proof is reversed under special circumstances; Retrial procedure is also called trial supervision procedure. The retrial procedure can be in accordance with the procedure of first instance or the procedure of second instance. Generally speaking, if there is a problem with the first-instance procedure, the retrial will follow the first-instance procedure. If there is a problem with the procedure of second instance, it shall be followed. Retrial can be initiated by the parties, or by the court or procuratorate. The appeal was filed by the party concerned.
Criminal cases have trial supervision procedures. If you are dissatisfied with the judgment of the case, you may apply for retrial or protest. The parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling.
Local people's procuratorates at various levels shall lodge a protest with the people's court at the next higher level when they think that the judgment or ruling of the people's court at the same level is indeed wrong; If the victim or his legal representative refuses to accept the judgment of first instance of the local people's courts at all levels, he has the right to request the people's procuratorate to lodge a protest within five days after receiving the judgment. After receiving the request of the victim and his legal representative, the people's procuratorate shall make a decision on whether to protest within five days and reply to the request. 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.
legal ground
People's Republic of China (PRC) Civil Procedure Law
Article 171 If a party refuses to accept the judgment of first instance of a local people's court, he shall have the right to appeal to the people's court at the next higher level within 15 days from the date when the judgment is served.
If a party refuses to accept the ruling of the local people's court of first instance, he has the right to appeal to the people's court at the next higher level within 10 days from the date when the ruling is served.
Article 172 An appeal shall be attached. The contents of the complaint shall include the names of the parties, legal persons and their legal representatives or other organizations and their principal responsible persons; The name, case number and cause of action of the people's court that originally tried the case; The request and reasons for the appeal.
Article 173 An appeal shall be filed through the people's court that originally tried the case, and copies shall be submitted according to the number of the opposing parties or agents.
If the parties directly appeal to the people's court of second instance, the people's court of second instance shall transfer the appeal to the people's court that originally tried the case within five days.
Article 174 After receiving the appeal, the people's court that originally tried the case shall serve a copy of the appeal to the other party within five days, and the other party shall submit a reply within fifteen days from the date of receipt. The people's court shall, within five days from the date of receiving the reply, serve a copy on the appellant. If the other party fails to submit the defense, it will not affect the trial of the people's court.
After receiving the appeal and defense, the people's court of first instance shall submit it to the people's court of second instance together with all the files and evidence within five days.
Article 175 The people's court of second instance shall examine the relevant facts of the appeal request and the applicable law.
Article 176 The people's court of second instance shall hold a hearing to hear an appeal case. If the people's court does not present new facts, evidence or reasons after reading papers, investigating and questioning the parties, and considers it unnecessary to hold a hearing, it may not hold a hearing.
The people's court of second instance may try an appeal case in its own court, or in the place where the case occurred or where the people's court that originally tried it is located.
Article 177 After hearing an appeal case, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment or ruling found that the facts were clear and the applicable law was correct, and the judgment or ruling rejected the appeal and upheld the original judgment or ruling;
(two) the original judgment or ruling found that the facts were wrong or the applicable law was wrong, and the judgment was revised, revoked or changed according to law;
(3) If the basic facts of the original judgment are unclear, the original judgment shall be revoked and sent back to the people's court that originally tried for retrial, or the judgment shall be revised after the facts are ascertained;
(4) If the parties concerned are omitted from the original judgment, or the judgment by default is illegal and seriously violates legal procedures, the original judgment shall be revoked and sent back to the people's court that originally tried the case for retrial.
After the people's court of first instance has made a judgment on the case remanded for retrial, if the parties appeal, the people's court of second instance shall not remand it for retrial again.
Article 178 The people's court of second instance shall use the ruling when trying an appeal case against the ruling of the people's court of first instance.
Article 179 When trying an appeal case, the people's court of second instance may conduct mediation. If an agreement is reached through mediation, a mediation agreement shall be made, which shall be signed by the judge and the clerk and stamped with the seal of the people's court. After the conciliation statement is served, the judgment of the people's court that originally tried the case shall be deemed to be revoked.
Article 180 The people's court of second instance shall decide whether to allow the appellant to withdraw his appeal before the people's court of second instance makes a judgment.
Article 181 When trying an appeal case, the people's court of second instance shall apply the ordinary procedure of first instance, except as provided in this Chapter.
Article 182 The judgments and orders of the people's court of second instance are final.
Article 183 The people's court shall conclude the appeal against the judgment within three months from the date of filing the case of second instance. If there are special circumstances that need to be extended, it should be approved by the president of our hospital.
When the people's court hears an appeal case against the ruling, it shall make a final ruling within 30 days from the date of filing the case of second instance.