First, what is the trial procedure of retrial cases?
1. Retrial cases tried through trial supervision procedures shall be tried according to the following procedures:
(1) If the case was originally a case of first instance, it shall be tried in accordance with the procedure of first instance, and the judgment or ruling made may be appealed or protested;
(2) Cases originally of second instance, or cases brought for trial by a people's court at a higher level, shall be tried in accordance with the procedure of second instance, and the judgments and orders made shall be final.
2. Legal basis: Article 466 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of People's Republic of China (PRC).
The people's court that originally tried a case for retrial in accordance with the procedure of trial supervision shall form a collegial panel separately.
If it turns out to be a case of first instance, it shall be tried in accordance with the procedure of first instance, and the judgment or ruling made may be appealed or protested; A case originally of second instance, or a case brought for trial by a people's court at a higher level, shall be tried in accordance with the procedure of second instance, and the judgment or ruling made shall be final.
Second, how to charge for retrial cases
There is no need to pay legal fees for retrial, except in special circumstances. According to the relevant regulations, the parties involved in the trial supervision procedure do not pay the case acceptance fee.
However, the following exceptions are made:
1, apply to the people's court for retrial in accordance with relevant regulations, and if the people's court decides to retry after examination, the parties concerned shall pay the litigation fees in accordance with relevant regulations;
2, the parties did not appeal to the judgment or ruling of the people's court of first instance, after the judgment or ruling of first instance or mediation has become legally effective, the parties apply for a retrial, and the people's court decides to retry after examination, and pay the litigation fees in accordance with the provisions;
3. Other cases submitted for trial and retrial according to the procedure of trial supervision shall be exempted from the case acceptance fee. Accordingly, according to relevant regulations, if a party applies for a retrial and the court decides to retry, the party shall bear the case acceptance fee.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 40 of the Civil Procedure Law of People's Republic of China (PRC). In the trial of civil cases of second instance, the people's court consists of a collegial panel of judges. The number of members of the collegial panel must be odd. For a case remanded for retrial, the people's court that originally tried it shall form a collegial panel in accordance with the procedure of first instance. If the retrial case originally belonged to the first instance, a collegial panel shall be formed separately in accordance with the procedure of first instance; If it was originally a case of second instance or brought a lawsuit to a higher people's court, a collegial panel shall be formed separately in accordance with the procedure of second instance.