Legal Analysis
According to relevant legal provisions, retrial means that all litigation procedures start from the first instance. There may be new litigation claims, and the defense must be rewritten when the case is remanded for retrial. When the court accepts a retrial case, the parties can make a defense based on the reasons for applying for retrial, clearly explain the reasons and facts for the retrial, and it is best to entrust a lawyer to issue a statement of defense. The people's court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt. The defense shall state the name, gender, age, ethnicity, occupation, workplace, residence, and contact information of the defendant, the name and residence of the legal person or its organization, and the name, position, and contact information of the legal representative or principal person in charge. The People's Court shall send a copy of the defense to the plaintiff within five days from the date of receipt of the defense. Retrial is a retrial of a case in accordance with trial supervision procedures in order to correct erroneous judgments and rulings that have taken legal effect. Responding to a retrial means submitting a statement of defense to the court. The process of filing a defense and the resulting motivation add up to a response. . Of course counter-arguments can also be included. For example, if you breach the contract, you must actively prove in court that you did not breach the contract, rather than just ignore it. This process of submitting a defense and the common motivation is the retrial response.
Legal Basis
The decision of the NPC Standing Committee on amending the "Civil Procedure Law of the People's Republic of China". Article 179 is changed to Article 200, and item 5 of paragraph 1 is modified to read: “(5) The main evidence required for hearing the case cannot be collected by the parties themselves due to objective reasons, and the people’s court has not collected it through written investigation ". Delete item 7 of paragraph 1. Paragraph 2, as Article 13, is revised to read: “(13) Judges engage in corruption, bribery, malpractice for personal gain, or abuse of law when hearing cases.”