Article 198 Paragraph 2 of the "Civil Procedure Law" stipulates that the Supreme People's Court finds that the legally effective judgments, rulings and mediation documents of local people's courts at all levels and the people's courts above and below the level have If there is a mistake, the person has the right to remand the case for retrial or instruct the lower people's court to retry it.
Article 242 of the "Criminal Procedure Law" The legal conditions for retrial of criminal cases are: If the appeals of the parties, their legal representatives, and close relatives meet one of the following circumstances, the people's court shall retrial: (1) There is new evidence proving that the facts determined in the original judgment or ruling are indeed erroneous, which may affect the conviction and sentencing; (2) The evidence on which the conviction and sentencing is based is inaccurate and insufficient and should be excluded according to law, or it proves the facts of the case. There are contradictions between the main evidence; (3) The original judgment and ruling are indeed erroneous in the application of law; (4) Violations of statutory procedures may affect a fair trial; (5) Judges engage in corruption, bribery, malpractice for personal gain, and abuse of law. of.