It is completely correct for the court to hear the application for retrial, which is in line with the law. The purpose of the hearing is to listen to the opinions of both parties to determine whether the case is wrong or not and whether it should be retried. The people's court shall, within three months from the date of receiving the application for retrial, conduct a review, and if it meets the provisions of this Law, 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.
First, what are the specific provisions of the hearing review method?
1 The hearing shall be attended by both parties to the case and relevant personnel, and both parties shall enjoy equal rights in the hearing. During the hearing, both parties have the obligation to prove their claims. Have the right to cross-examine the evidence provided by the other party.
2. Except for cases that are not tried in public according to law, the hearing shall be conducted in public.
3, hearing activities can be presided over by a judge, or by more than two judges, a clerk as a recorder.
4. The hearing shall be conducted around the facts and reasons for applying for retrial, and the whole case may be heard when necessary.
5. Allow lawyers entrusted by the parties to participate in the hearing.
6, hearing activities, the respondent to the applicant's application for evidence to the contrary, the judge shall order the respondent to provide relevant materials to the court within a time limit, and can decide the date of the hearing.
Legal basis;
Article 203 of the Civil Procedure Law of People's Republic of China (PRC), 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 supplements relevant materials and asks about relevant matters.