How to start the retrial procedure?

If the parties apply for retrial, they may apply to the court of first instance or a higher court. When a party applies for retrial, it shall submit an application to the court and provide a copy of the application according to the number of the other party. The application shall specify the number of the court of first instance and its judgment and ruling, and the reasons, basis and contents of the application for retrial.

The scope of application for retrial includes: if the parties provide evidence to prove that the mediation agreement violates the principle of voluntariness or the content of the mediation agreement is illegal, the court shall retry after investigation; The parties may also apply for a retrial on the ruling of not accepting or rejecting the prosecution.

However, it is impossible to file a retrial for the legally effective judgment of dissolution of marriage. In addition, cases tried in accordance with supervision procedures, publicity procedures and bankruptcy and debt repayment procedures of enterprise legal persons, as well as cases that upheld the original judgment after being tried in accordance with retrial procedures, cannot apply for retrial.

Extended data

The retrial system has played an important role in the trial work of people's courts in different historical periods, and has corrected a large number of unjust, false and wrong cases for people's courts. Before the implementation of the three major procedural laws, people's courts at all levels did not have a relatively complete and standardized procedure for hearing appeal cases, no specialized institutions and personnel, and no retrial system.

For the handling of appeal cases, only the laws, regulations and policies at that time were accepted and resolved, and most of the appeal cases at that time were criminal cases. This way of handling appeal cases, through the trial experience of several generations of judges, has formed today's retrial system. Since the implementation of 1979 10 1 Criminal Procedure Law in June, the criminal retrial system has begun to exist.

After the people's courts at all levels set up appeal courts, there will be specialized judicial institutions and judges to hear retrial cases and criminal appeal cases. Following the Criminal Procedure Law, the Civil Procedure Law and the Administrative Procedure Law were implemented one after another, ending the blank of retrial system in history. Since then, China's retrial system has gradually embarked on the road of normalization, proceduralization and legalization.

Baidu encyclopedia-appeal and trial supervision procedures

People's Court Network of Qinzhou District, Tianshui City —— Also on the problems and countermeasures of retrial procedure in China at present