(1) There is new evidence sufficient to overturn the original judgment or ruling;
(two) the basic facts identified in the original judgment or ruling lack evidence to prove;
(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;
(four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined;
(five) the main evidence needed for the trial of the case, the parties can not collect it by themselves due to objective reasons, and apply in writing to the people's court for investigation and collection, but the people's court has not investigated and collected it;
(6) The application of the law in the original judgment or ruling is indeed wrong;
(seven) the composition of the judicial organization is illegal or the judges who should be avoided according to law have not avoided;
(8) A person without capacity for litigation has no legal representative, or a party who should participate in the litigation fails to participate in the litigation due to reasons not attributable to him or his agent ad litem.
(nine) in violation of the law, depriving the parties of the right to debate;
(ten) without a summons, the judgment is made by default;
(eleven) the original judgment or ruling omitted or exceeded the claim;
(twelve) the legal documents on which the original judgment or ruling was based have been revoked or changed;
(thirteen) the judge has corruption, bribery, favoritism, perverting the law in the trial of the case.
The second is how long it takes to file a complaint after the final judgment of criminal proceedings. General cases can be extended to two years after the execution of punishment, and special cases can be extended indefinitely. If the complainant in a criminal case files a complaint within two years after the execution of the penalty, the people's court shall accept it; Complained for more than two years. Special circumstances will be accepted. Article 253 of the Criminal Procedure Law of People's Republic of China (PRC) (revised on 20 18) If the complaint of the parties, their legal representatives or close relatives meets one of the following circumstances, the people's court shall retry the case:
(a) there is new evidence to prove that the facts identified in the original judgment or ruling are indeed wrong, which may affect conviction and sentencing;
(2) The evidence on which conviction and sentencing are based is inaccurate and insufficient, which should be excluded according to law, or there are contradictions between the main evidences proving the facts of the case;
(3) The application of the law in the original judgment or ruling is indeed wrong;
(four) in violation of legal procedures, which may affect the fair trial;
(5) The judicial officers commit acts of corruption, bribery, favoritism and malpractice, and perverting the law.
Three, but for the second-instance judgment that allows divorce, no application for retrial may be made.
Legal basis:
People's Republic of China (PRC) Civil Procedure Law
Article 41 In trying 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.
When an intermediate people's court tries a civil case of second instance with clear facts and clear rights and obligations, it may be tried by a single judge with the consent of both parties.
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.