(1) The final judgment made by this court meets the conditions for retrial;
(2) The people's court at the next lower level reexamines and decides to cancel or retry the judgment, which meets the conditions for filing a case for retrial;
(3) the people's court at a higher level decides to retry;
(4) the people's procuratorate lodged a protest according to law. Article 3 the Supreme People's Court is responsible for the retrial of the following cases:
(1) The final judgment made by our court meets the retrial conditions;
(2) the higher people's court rejects or retries, which meets the conditions for retrial;
3. the Supreme People's Procuratorate protested in accordance with the law,
(4) the Supreme People's Court thinks that it should be retried on its own. Article 4 The people's court at a higher level considers it necessary to directly file a case for review of the final judgment made by the people's court at a lower level. If the case meets the conditions for filing a case for retrial after review, it may decide or order a retrial. Article 5 When applying for retrial or appealing to the people's court, the applicant or the complainant shall submit the following materials:
(1) The application for retrial or the petition shall state the basic information of the parties, the facts and reasons for applying for retrial or appealing;
(2) After the people's court has reviewed or retried the original judgments and rulings of the first and second instance, it shall be accompanied by a notice of rejection and a retrial judgment or ruling;
(3) Where an application for retrial or appeal is made on the grounds that there is new evidence to prove that the facts ascertained by the original referee are indeed wrong, a list of evidence, a list of witnesses and copies or photos of the main evidence shall be attached; If the people's court needs to investigate and collect evidence, it shall attach evidence clues.
if the application for retrial or appeal does not conform to the provisions of the preceding paragraph, the people's court shall not examine it. Article 6 An application for retrial or appeal shall generally be examined and handled by the people's court of final appeal.
generally, the people's court at the next higher level shall submit the retrial application or appeal to the people's court of final appeal for examination; After examination and handling by the people's court of final appeal, those who insist on applying for retrial or appeal shall be accepted.
if the people's court of final appeal and the people's court at the next higher level directly apply to the people's court at the next higher level for retrial or appeal, the people's court at the next higher level shall hand it over to the people's court at the next lower level for handling. Article 7 In case of any of the following circumstances, the people's court shall order a retrial of the appeal against the criminal final judgment:
(1) Evidence that has not been collected or adopted in the trial may overturn the original conviction and sentencing;
(2) the main evidence is insufficient or has no probative force;
(3) The main facts on which the original judgment was based have been changed or revoked according to law;
(4) The main evidences on which conviction and sentencing are based are contradictory;
(5) The application of invalid laws is wrong or violates the provisions of Article 12 of the Criminal Law;
(6) violating the provisions of the law on retroactivity;
(7) The sentencing is obviously improper;
(8) the trial procedure is illegal, which affects the fair judgment of the case;
(9) The judges ask for bribes and engage in malpractices for personal gain, resulting in perverting the law. Article 8 The people's court shall rule for retrial in case of any of the following circumstances when applying for retrial of a civil judgment or final mediation:
(1) There is evidence to prove that the retrial applicant did not know or could not provide evidence before, which may overturn the original judgment;
(2) the main evidence is insufficient or has no probative force;
(3) The main facts on which the original judgment was based have been changed or revoked according to law;
(4) For the same legal fact or the same legal relationship, there are two contradictory effective legal documents, and the retrial applicant files a retrial application for the latter effective legal document;
(5) Misquoting legal provisions or applying invalid or invalid laws;
(6) violating the provisions of the law on retroactivity;
(7) The mediation agreement obviously violates the principle of voluntariness, and its contents violate the law or harm the interests of the state, the public and others;
(8) the trial procedure is illegal, which affects the fair judgment of the case;
(9) The judges ask for bribes and engage in malpractices for personal gain, resulting in perverting the law. Article 9 In case of any of the following circumstances, the people's court shall order a retrial of the appeal against the administrative judgment of final appeal:
(1) The appeal should be accepted according to law, but the prosecution is not accepted or rejected;
(2) new evidence may change the original referee;
(3) the main evidence is insufficient or has no probative force;
(4) The main facts on which the original judgment was based have been changed or revoked according to law;
(5) Misquoting legal provisions or applying invalid or invalid laws;
(6) violating the provisions of the law on retroactivity;
(7) The administrative compensation mediation agreement violates the principle of voluntariness, and its contents violate the law or harm the interests of the state, the public and others;
(8) the trial procedure is illegal, which affects the fair judgment of the case;
(9) The judges ask for bribes and engage in malpractices for personal gain, resulting in perverting the law.