1. What are the procedures for applying to the Supreme People’s Court for retrial?
It is possible to successfully file a retrial online.
1. The telephone number for the Supreme Court to file a case for retrial is 12368. It is difficult to make phone calls, so it is recommended to call frequently.
2. Filing methods: 1. Filing by mail, 2. Filing online, 3. Filing on site.
3. Case filing by mail: Since Hainan is within the jurisdiction of the First Circuit Court of the Supreme People’s Court, cases can be filed by mail.
Online filing: Official website of the Supreme People's Court → Litigation Service Network to register and submit case filing materials. The final result will be subject to the judge's review. For the preparation and arrangement of case filing materials, please refer to the materials and requirements to be submitted in the Supreme People’s Court’s civil retrial application.
The following are the relevant materials required for retrial:
1. Application for retrial (please note: Be sure to state in the application that it complies with Article 200 of the "Civil Procedure Law" Which one or more provisions, and explain in detail. Original number: Plaintiff, Defendant 1. If there is a third party, it is Plaintiff and Defendant Third Party 1 (please note: it is the original defendant, not the applicant or respondent for retrial). ; It is an original work, not a copy)
Application for retrial must be based on the "Civil Procedure Law", "Civil Procedure Law Interpretation", "Trial Supervision Procedure Interpretation", "Supreme People's Court's Acceptance and Review of Civil Applications for Retrial" "Case Details" and "Civil Application Retrial Procedure Style" are carefully prepared.
2. The original of the first-instance judgment document shall be submitted for inspection and the copy shall be returned after inspection.
3. The original of the second-instance judgment document shall be submitted for inspection and returned after inspection, and a copy (stamped with the official seal)
4. The applicant’s identity certificate, for natural persons, is a copy of the ID card; for legal persons, it is a copy of the unified social credit. Certificate (business license) (must be stamped with official seal), a copy of the legal representative’s identity certificate or the principal person’s identity certificate, including a copy of the identity card
5. A copy of the power of attorney
p>6. The agent’s identity certificate and original lawyer certificate for inspection. Return one copy (including annual inspection page).
7. Letter from the law firm. , an original copy.
8. The copy of the receipt of the effective judgment document shall be stamped with the official seal of the court. If not, it shall be marked and copied.
9. Evidence materials. , including one copy each of the main evidence materials of the original trial and the retrial evidence materials.
2. What materials are needed to appeal to the Supreme People's Court?
1. The first-instance judgment document 2 and the second-instance judgment document. 3. When applying for retrial 4, please be sure to bring the original judgment documents for verification by the court.
The so-called judgment documents include civil judgments and civil rulings. The level of effective judgment documents must be above the provincial court.
p>Materials and requirements to be submitted for criminal retrial by the Supreme People’s Court
1. The petition should state the basic information of the parties, contact information, facts and reasons for the complaint;
2. After the original first-instance and second-instance judgments, rulings and other legal documents are reviewed or retried, the People’s Court shall enrich the notice of rejection, retrial decision, retrial judgment, and ruling;
3. Other relevant materials. . If there is new evidence proving that the facts determined in the original judgment or ruling are indeed wrong, there should be abundant relevant evidence and materials; the people's court should attach relevant clues or materials when applying for investigation and evidence collection.
4. Complaint. Proof of identity of the person.
3. What are the obligations of the complainant?
According to relevant regulations, the obligations and requirements of the subject of criminal complaints are as follows:
1. Complaints must be made in accordance with established procedures.
If the case is not handled, the situation can be reported to the department that is handling the case, and the review process cannot be carried out; if the procuratorial organ is dissatisfied with the decision not to prosecute, it can file an appeal within 7 days. If a complaint exceeds this statutory time limit, it may not be filed for review. In addition, complaints should be made in accordance with the regulations of departmental jurisdiction and level jurisdiction. Complaints should not be used as an excuse to go to judicial organs for unreasonable harassment or cross-level complaints.
2. Complaints must be made in the form of a decision. The complainant should issue a complaint and attach a copy or photocopy of the original judgment, ruling, and decision; entrusting another person to appeal must have a power of attorney, etc.
3. The execution of the judgments and rulings of the People's Court and the decisions of the People's Procuratorate will not be suspended due to appeals.
4. Normal social order and work order must be maintained. The complainant shall not abuse the right to appeal, make unreasonable troubles, obstruct official duties, and shall not falsely accuse or frame others on the grounds of unfair judgments, rulings, decisions, or miscarriages of justice, otherwise they will bear legal liability.
Generally, when filing a complaint with the Supreme People's Court that requires documents of first instance, second instance, or retrial, relevant judgment documents need to be submitted. Complaining is a right and an obligation. The obligation to make a complaint includes making a complaint in accordance with relevant procedures and methods and complying with relevant regulations.