First of all, the way of submitting the complaint is different
1. Criminal complaint
According to Article 370 of the "Interpretation of the Criminal Procedure Law" According to the provisions of Article 2, when appealing to the People's Court, a complaint must be submitted, stating the basic information, contact information, facts and reasons for the appeal. Therefore, for a criminal complaint, the complainant should submit a "Criminal Complaint" to the People's Court.
2. Administrative Complaints
As for the complaint that should be submitted for administrative appeals, my country's "Administrative Litigation Law" does not stipulate that an "administrative complaint" should be submitted. However, there is no provision on appeal in the Interpretation of the Administrative Litigation Law. Instead, it is stated in Article 73 as “application for retrial.” Therefore, for invalid administrative judgments or rulings, it is acceptable to submit an "administrative petition" or "application for administrative retrial" to the People's Court.
3. Application for civil retrial
According to Article 203 of the Civil Procedure Law, when a party applies for retrial, he or she shall submit an application for retrial. Therefore, when applying for civil retrial, a "Civil Retrial Application" should be submitted. If a party submits a "civil complaint", it should be explained to the party and it should be changed to a "civil retrial application."
Second, the applicants are different.
1. Criminal complaint
According to Article 241 of the Criminal Procedure Law, the persons who have the right to file a complaint are the parties concerned, their legal representatives and close relatives. According to the second paragraph of Article 371 of the Interpretation of the Criminal Procedure Law, if a person outside the case believes that a legally effective judgment or ruling infringes upon his or her legitimate rights and interests, he or she may lodge a complaint. Therefore, the subjects who have the right to file a criminal complaint are the parties and their legal representatives, close relatives and persons outside the case.
2. Administrative Complaints
According to the Administrative Litigation Law and its interpretation, only the parties concerned have the right to file administrative lawsuits, and persons outside the case are not allowed to file administrative lawsuits.
3. Application for civil retrial
According to Article 198 of the Civil Procedure Law, the party who has the right to file an application for civil retrial is the party concerned. According to the Supreme People's Court's regulations on application
Third, the applicable objects are different
1. Criminal complaints
According to Article 241 of the Criminal Procedure Law It is stipulated that the object of a criminal complaint is a legally effective judgment or ruling.
2. Administrative Complaint
According to Article 62 of the Administrative Litigation Law and Article 73 of the Interpretation of the Administrative Litigation Law, the object of an administrative complaint is a legal Valid judgments and rulings, as well as effective administrative compensation mediation documents with evidence proving that the mediation violates the principle of voluntariness or that the content of the mediation agreement violates the law.
3. Application for civil retrial
According to the provisions of Articles 199 and 201 of the "Civil Procedure Law", the object of civil appeal retrial is the legal Valid judgments and rulings, as well as effective mediation documents with evidence proving that mediation violates the principle of voluntariness or that the content of the mediation agreement violates the law.
It is worth noting that according to Article 208 of the "Opinions on the Civil Procedure Law", the parties may apply for retrial of the ruling of not accepting the case or dismissing the prosecution. According to Article 208 of the "Opinions on the Civil Procedure Law" Articles 207, 209, and Article 14 of the "Opinions of the Supreme People's Court on Regulating the Case Filing and Retrial Work of People's Courts" stipulate that retrial applications for the following civil cases will not be accepted: (1) The People's Court shall not accept retrial applications in accordance with the trial supervision Cases tried by procedures, public notice cases, bankruptcy debt repayment cases, and cases in which the original judgment is upheld after being heard in accordance with trial supervision procedures; (2) Cases in which the People's Court rules to revoke an arbitration award or not to implement an arbitration award; (3) People's Court judgments, Mediate cases involving the dissolution of marriage, except where the parties apply for retrial on property division.
Fourth, application deadlines are different
1. Criminal complaint
The current Criminal Procedure Law and its interpretations do not stipulate the time limit for criminal complaints, but the "People's Court on Article 10 of the Opinions on Filing a Retrial Case stipulates that criminal complaints are generally filed within two years after the execution of the penalty.
If one of the following circumstances occurs, the appeal may last for more than two years: (1) The defendant in the original trial can be acquitted; (2) The defendant in the original trial files a complaint with the People's Court within the time limit specified in this article, but the People's Court does not accept it; (3) Difficult, complex and major cases.
2. Administrative Complaint
According to the interpretation of Article 73 of the Administrative Litigation Law, an application for retrial of a legally effective judgment or ruling shall be filed within two years after it becomes legally effective. However, for administrative compensation mediation documents that have already taken effect, you can apply for retrial "within two years" and there is no time limit. According to Article 97 of the Interpretation of the Administrative Litigation Law, when hearing administrative cases, the People's Court may refer to the relevant provisions of civil litigation in addition to the Administrative Litigation Law and this Interpretation. According to Article 5 of the "Interpretation of the Civil Procedure Law on Trial Supervision Procedures", the starting time for applying for retrial of an effective civil mediation document is also within two years after it becomes legally effective. Therefore, an appeal against an effective administrative compensation mediation letter should also be filed within two years after the mediation letter becomes legally effective.
3. Application for civil retrial
According to the provisions of Articles 200 and 205 of the Civil Procedure Law, a party’s application for retrial shall be made after the judgment or ruling becomes legally effective The following circumstances shall be submitted within six months from the date when the original judgment or ruling is known or should be known: (1) There is new evidence sufficient to overturn the original judgment or ruling; (2) The main facts identified in the original judgment or ruling are The evidence is forged; (3) the legal documents on which the original judgment or ruling is based are revoked or changed; (4) the judge engages in corruption, bribery, malpractice for personal gain, or abuse of law when hearing the case.
In addition, according to Article 2 of the "Interpretation of Trial Supervision Procedures of the Civil Procedure Law", the six-month period for parties to apply for retrial is not subject to the provisions of suspension, interruption and extension.
As for an application for retrial by a person outside the case, according to Article 5 of the "Interpretation of the Civil Procedure Law on Trial Supervision Procedures", "within two years after the judgment, ruling, or mediation document takes legal effect, either one knows or should You can apply for retrial within three months from the date when you know that your interests have been harmed." Because the Civil Procedure Law has been revised, the author believes that the time limit for a person outside the case to apply for retrial, in addition to the above provisions, must not exceed the maximum time limit stipulated in the Civil Procedure Law, which is six months. Therefore, a person outside the case should apply for retrial "within six months after the judgment, ruling, or mediation document takes effect, or within three months from the date when he knows or should know that his interests have been harmed."
5. Different jurisdictions of courts
1. Criminal complaints
According to the interpretation of Article 373 of the Criminal Procedure Law, criminal complaints are reviewed and handled by the People's Court of Final Appeal . However, in cases where the second-instance court rules to allow the appeal to be withdrawn, if the complainant files an appeal against the first-instance judgment, the appeal may be reviewed and handled by the first-instance court. Difficult, complex, and major cases that have not been reviewed and handled by the Court of Final Appeal may also be reviewed and handled by the People's Court at the next higher level. According to the provisions of Article 374 of the Interpretation of the Criminal Procedure Law, appeals against death penalty cases can be directly reviewed and handled by the original People's Court, or they can be submitted to the original People's Court for review. The people's court that originally tried the case shall write out a review report, put forward handling opinions, and submit it to the people's court that originally approved the case for review and handling.
2. Administrative Complaint
According to Article 62 of the Administrative Litigation Law, the parties may file an administrative lawsuit with the original People's Court or the People's Court at the next higher level.
3. Application for civil retrial
According to Article 199 of the Civil Procedure Law, the parties may apply for retrial to the people's court at the next higher level; if one party has a large number of people or both parties are citizens For cases, you can also apply to the original People's Court for retrial. If a person outside the case applies for retrial, according to the provisions of Article 5 of the Interpretation of Trial Supervision Procedures of the Civil Procedure Law, the application should be made to the people's court at the higher level of the people's court that made the original judgment, ruling or mediation document.