1. There is new evidence sufficient to overturn the original judgment or ruling;
2. The basic facts identified in the original judgment or ruling are not proved by evidence;
3. The main evidence of the facts ascertained in the original judgment or ruling is forged;
4. The main evidence of the facts ascertained in the original judgment or ruling has not been cross-examined;
5. The main evidence required for the trial of a case cannot be collected by the parties themselves due to objective reasons, and the people's court fails to investigate and collect the main evidence in writing;
6. The original judgment or written order is wrong in applying the law;
7. The composition of the judicial institution is illegal or the judges who should be withdrawn according to law have not withdrawn;
the application for retrial can only be made to the people's court that made the effective judgment or ruling and the people's court at the next higher level with the function of trial supervision.
2. According to Article 199 of the Civil Procedure Law, the parties may apply to the people's court at the next higher level for retrial; For a case in which one party has a large number of people or both parties are citizens, they may also apply to the people's court that originally tried the case for retrial. If an outsider applies for a retrial, he shall apply to the people's court at the next higher level than the people's court that made the original judgment, ruling or conciliation statement according to the provisions of Article 5 of the Interpretation of Trial Supervision Procedure of Civil Procedure Law.
according to article 23 of the civil procedure law, if a party applies for retrial, it shall submit an application for retrial. Therefore, a civil application for retrial shall be submitted with an Application for Civil Retrial.
according to article 198 of the civil procedure law, it is the parties who have the right to apply for a civil retrial. According to Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Judicial Supervision Procedure (hereinafter referred to as the Interpretation of Judicial Supervision Procedure of Civil Procedure Law), if an outsider claims the rights of the subject matter determined in the original judgment, ruling or conciliation statement and cannot bring a new lawsuit to resolve the dispute, he may apply to the people's court at the next higher level of the people's court that made the original judgment, ruling or conciliation statement for retrial. Therefore, some parties and outsiders have the right to apply for a civil retrial.
III. The format of the application for retrial:
1. The header
is the title, indicating the file name "Application for retrial".
2. Text
(1) Basic information of the parties. This document applies for retrial because it thinks that the judgment or ruling of the people's court is wrong. Therefore, only the applicant is involved.
a. if the applicant is a natural person, state the name, gender, age, nationality, occupation or work unit, position and residence. If the domicile is inconsistent with the habitual residence, write the habitual residence; If the applicant is a legal person, the name and domicile of the legal person shall be indicated, and the name and position of the legal representative shall be indicated in a separate line; If the applicant is an organization without legal personality or an individual with a brand name, it shall indicate the name or brand name and domicile, and indicate the name and position of the main person in charge in a separate line; If the applicant is an individual industrial and commercial household, the name and gender of the owner shall be stated. Age, nationality and place of residence; If there is a font size, it should be marked as "owner ... (font size)" in brackets after its name.
B. if there is a legal agent or entrusted agent, the name, gender, occupation or work unit, position and residence shall be listed, and the relationship with the applicant shall be indicated after the name.
C. If there is an entrusted agent, the name, gender, occupation, work unit, position and residence shall be listed; If the client is a lawyer, only the name, work unit and position shall be listed.
(2) cause of action. The cause of action is the reason for applying for retrial. Indicate which people's court refuses to accept which judgment or ruling. Indicate the name of the applicant, the name of the original people's court of final appeal, the date of the original judgment, the document number and the name of the document in turn. Expressed as: "The applicant applied to the people's court for retrial ()No."
(3) The request should be written concisely.
(4) facts and reasons. This is the key part of this article, which should be written according to the statutory content.
the application for retrial is aimed at the legally effective judgment or ruling, and its content is much more complicated than the indictment and appeal. It is necessary to write down the mistakes in the judgments and rulings of the first instance and those of the second instance. How to write the reasons in an orderly way and avoid repetition and redundancy is a question of writing skills. If you want to write a good reason, you must first think about the overall content, clarify the central idea to be expressed, and then classify the materials you have mastered. The specific production can be divided into the following main levels:
The first level summarizes the case. You can write down the occurrence, cause, process and result of civil disputes without the judgment of the first and second instance. This level requires writing realistically, supported by facts and relevant conclusive evidence. If you do not summarize the facts of the case first and directly refute the wrong judgment or ruling of the people's court, you will feel a lack of integrity. Because logically speaking, summing up the case is to give the correct conclusion first. The following refutation is the proof process of using arguments to analyze arguments. But this layer doesn't need to be very specific and detailed, just make the case clear.
the second level, specifically analyzes and demonstrates the wrong judgments and rulings of the court. Or the main evidence for ascertaining the facts is insufficient; Or the wrong application of the law; Or violated the proceedings; Or the judge has corruption, bribery, bending the law and other acts. The mistakes in the judgments and rulings of the people's courts may be in one aspect or in many aspects. In any case, we should pay attention to the use of evidence when refuting the wrong facts; When refuting the application of laws and violating procedural errors, we should pay attention to the original text of the bow maid law and seek the legislative intention. If there is new evidence, and these new evidence is enough to overturn the original judgment or ruling, it is necessary to write the true situation, cause, process and ending of the facts, list the true and sufficient evidence, and explain the source of the evidence.
This level needs to be written in detail, well-founded, well-founded and legally discussed. Don't make empty comments and talk in general terms.
The third layer summarizes the full text, and makes it clear that the retrial is in compliance with the law. This level takes legal provisions as the criterion to measure where and why the judgments and rulings of the people's courts are wrong; Why it is right for the parties to apply for retrial, and so on.
3. Tail
(1) The sending agency should write two lines: "This letter" and "People's Court".
(2) bottom right: signed or sealed by the applicant, indicating the date (year, month and day) when this document was made.
(3) Appendix:
A. Physical evidence (name);
B. documentary evidence (name);
C. if there are witnesses, the names and residences of the witnesses should be listed.