According to Article 199 of the "Civil Procedure Law of the People's Republic of China", if the parties believe that the legally effective judgment or ruling is erroneous, they may apply for retrial to the people's court at the next higher level; if one party has a larger number of persons, In cases where more than one or both parties are citizens, you can also apply to the original People's Court for a retrial. If a party applies for retrial, the execution of the judgment or ruling will not be suspended.
Article 200 stipulates that if a party’s application falls under any of the following circumstances, the people’s court shall retry it:
(1) There is new evidence that is sufficient to overturn the original judgment or ruling;
(2) The basic facts identified in the original judgment or ruling lack evidence;
(3) The main evidence of the facts identified in the original judgment or ruling is forged;
(4) The main evidence of the facts determined in the original judgment or ruling has not been cross-examined;
(5) The main evidence required for the trial of the case cannot be collected by the parties due to objective reasons, and the parties must apply in writing to the people The court investigates and collects, but the people's court fails to investigate and collect;
(6) The original judgment or ruling is indeed wrong in the application of the law;
(7) The composition of the trial organization is illegal or it is required by law The recusant judge has not recused himself;
(8) A person without legal capacity has no legal representative, or a party who should participate in the litigation has no legal representative due to reasons that cannot be attributed to him or his litigation agent. Participate in litigation.
(9) Violating legal provisions and depriving the parties of their right to debate;
(10) Judgment in absentia without summons;
(11) Original The judgment or ruling omits or exceeds the litigation claims;
(12) The legal document on which the original judgment or ruling is based is revoked or changed;
(13) The judge in the trial There are cases of corruption, bribery, malpractice for personal gain, and miscarriage of justice.
Extended data:
1. 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 they cannot Stop the execution of judgments and rulings.
2. If the presidents of the people's courts at all levels find errors in fact or in the application of law regarding the legally effective judgments and rulings of the court, they must submit them to the judicial committee. The Supreme People's Court has the power to remand or instruct the lower people's court to retry the legally effective judgments and rulings of the people's courts at all levels. If the superior people's court finds that there is indeed an error, it has the right to remand or instruct the lower people's court to retry.
3. The Supreme People's Procuratorate finds that there are errors in the legally effective judgments and rulings of the People's Courts at all levels and the People's Procuratorate at the higher level, and has the right to lodge a protest with the People's Court at the same level in accordance with the trial supervision procedures.
Chinese People’s Congress Website-Civil Procedure Law of the People’s Republic of China