(1) After accepting the appeal decision of the party concerned, the Supreme People's Procuratorate shall submit the appeal materials to the procuratorate, and the procuratorate shall make a decision on whether to accept or not after receiving the appeal materials, and send a notice on whether to accept or not. If a decision on acceptance is made, the procuratorate shall handle it in the following ways within seven days from the date of acceptance: 1) If it refuses to accept the effective civil judgment or ruling of the people's court at the same level or at a lower level, it shall be transferred to the civil administrative procuratorial department of this court for examination and handling; 2) If the people's procuratorate at a higher level has the right to protest, it shall be transferred to the people's procuratorate at the next higher level for examination and handling; 3) If it falls within the functions and powers of the people's court or other organs according to law, it shall be transferred to the people's court or other organs for handling. (two) the Supreme People's Procuratorate City Procuratorate shall make a decision on whether to file a case within 3 days from the date of acceptance. If the procuratorate decides to file a case, it shall notify the complainant and other parties. Other parties may put forward written opinions within 15 days from the date of receiving the notice of filing a case. The procuratorate shall, after filing the case, transfer (borrow) the trial files of the court, and review and conclude within three months after transferring (borrowing) the trial files. If the procuratorate decides not to file a case, it shall notify the complainant. (3) the Supreme People's Procuratorate examines the court's civil trial activities after the procuratorate files the case. The procuratorate shall make a decision on whether to lodge a protest on a case-by-case basis. The time limit for filing a case for review is generally three months from the date of transfer (borrowing) of the court trial file, and six months for complex and difficult cases. (4) If the Supreme People's Procuratorate considers that the legally effective judgment or ruling of the court at the same level meets the conditions for protest, it shall lodge a protest with the procuratorate at the next higher level. If the procuratorate considers that it does not meet the conditions for protest, it shall make a decision not to protest, and make a Decision not to lodge a protest within 5 days from the date of making the decision not to protest. The procuratorate will no longer accept the complaints made by the parties against the decision made by the procuratorate not to protest or not to protest. (five) the retrial court hearing protest cases, the procuratorate shall send personnel to attend the retrial court. If the court that accepts the protest orders the lower court to retry, the procuratorate that lodged the protest may order the procuratorate at the same level of the retrial court to send personnel to participate in the retrial court. Legal basis
The Working Rules of the People's Procuratorate on Prosecution of Complaints issued by the Supreme People's Procuratorate
Article 2 the Supreme People's Procuratorate is responsible for investigating and handling the following cases: (1) The people's procuratorate of a province (autonomous region or municipality directly under the Central Government) refuses to accept the review and handling of the complaint case by the complaint prosecution department; (two) the released prisoners refused to accept the judgment or ruling of the Supreme People's Court, and there may still be wrong appeal cases after review by our hospital; (3) Complaints and appeals cases assigned by the higher authorities and the procurator-general; (four) the court believes that it is necessary to deal with major complaints and appeals.
article 21: in the case of complaints and appeals that need to be put on file for review, the following five aspects should be reviewed according to the principle of "possible mistakes": (1) whether the main criminal facts identified are wrong; (2) Whether the evidence is true and sufficient; (3) Whether the characterization is accurate and whether the charges are exact; (4) Whether the criminal punishment is appropriate; (4) Whether the criminal punishment is appropriate; (v) Whether the proceedings are lawful.
article 22 the complaint materials shall be reviewed in time. if it is deemed necessary to review, the undertaker shall fill in the case handling and submission form, and the review shall be approved by the leader of the complaint procuratorate or the chief procurator in charge. For the case of accusation and appeal that is approved for review, a review plan shall be made, and the main problems that need to be explained, as well as the methods, steps, measures and completion time of the review shall be clearly defined.
article 23 after the reexamination, the case-handling personnel shall make a report on the completion of the case, including: (1) the main problems and facts of the complaint; (2) The information and results of the investigation; (3) Review and handling opinions.
article 24 the closing report shall be discussed collectively by the prosecution department for complaints and appeals. if it is considered that the case can be closed, the closing approval form shall be filled in, and the person in charge of the prosecution department for complaints and appeals shall approve the closing. Major cases that change the original decision shall be reported to the chief procurator or the procuratorial committee for approval.