If you are dissatisfied with the final judgment of the Intermediate Court, you can apply for retrial to the provincial higher people's court where you are located
1. Format of retrial application
Retrial application
Applicant:
Respondent:
A dispute between the applicant and the respondent was made by the XXX Intermediate People’s Court on (XXXX) XXX Final Civil Judgment No.
Request matters:
1. XXX
2. XXX
Facts and reasons:
XXX
Yours sincerely
XXX Provincial Higher People’s Court
Applicant:
Year? Month? Day
II. Legal Procedure
Article 178 If a party believes that a legally effective judgment or ruling is erroneous, it may apply to the higher level people's court for a retrial, but the execution of the judgment or ruling will not be suspended.
The People's Court shall review the application for retrial within three months from the date of receipt of the application. If any of the circumstances specified in Article 179 of this Law is met, the People's Court shall rule on retrial; Article 179: The application shall be ruled to be rejected. If there are special circumstances that require an extension, it shall be approved by the president of the hospital.
Cases that require retrial due to parties’ application for ruling shall be heard by the People’s Court above the Intermediate People’s Court. Cases decided for retrial by the Supreme People's Court or the Higher People's Court shall be retried by this court or transferred to other people's courts for retrial, or may be referred to the original people's court for retrial.
But you must have evidence to prove that the final judgment falls under one of the following circumstances:
(1) There is new evidence that is sufficient to overturn the original judgment or ruling;
(2) The basic facts identified in the original judgment or ruling lack evidence;
(3) The main evidence of the facts identified in the original judgment or ruling is forged;
(4) The main evidence used to determine the facts in the original judgment or ruling has not been cross-examined;
(5) The parties concerned are unable to collect the evidence required for the trial of the case on their own due to objective reasons and apply in writing to the People's Court for investigation and collection, but the People's Court fails to investigate Collected;
(6) The original judgment or ruling is indeed wrong in the application of law;
(7) Violation of legal provisions and wrong jurisdiction;
( 8) The composition of the trial organization is illegal or the adjudicators who should be recused according to the law have not recused themselves;
(9) A person without the capacity for litigation conduct acts on his behalf without a legal representative or a party who should participate in the litigation because he cannot Failure to participate in the litigation for reasons that are attributable to the person or his litigation agent;
(10) Violating legal provisions and depriving the parties of their right to debate;
(11) Failure to subpoena summons and default judgment;
(12) The original judgment or ruling omits or exceeds the litigation claims;
(13) The legal document based on which the original judgment or ruling is made If the case is revoked or changed
If the legal procedures are violated and may affect the correct judgment or ruling of the case, or if the judge engages in corruption, bribery, malpractice for personal gain, or abuse of law when hearing the case, the People's Court shall retry the case. .
Extended information:
On August 31, 2012, the 28th meeting of the Standing Committee of the Eleventh National People's Congress reviewed and approved the "On Amending the People's Republic of China*" **Decision of the Civil Procedure Law of the People's Republic of China". This interpretation is formulated in accordance with the revised Civil Procedure Law and in combination with the actual civil trial and enforcement work of the People's Court.
1. Jurisdiction
Article 1: Major foreign-related cases as stipulated in Paragraph 1 of Article 18 of the Civil Procedure Law, including cases with large subject matter in dispute and cases with complex circumstances , or cases with significant impact such as a large number of parties to one party.
Article 2: Patent dispute cases shall be under the jurisdiction of the Intellectual Property Court, the Intermediate People’s Court and the Basic People’s Court determined by the Supreme People’s Court.
Maritime and maritime commercial cases are under the jurisdiction of the Maritime Court.
Article 3: The domicile of a citizen refers to the place of residence of the citizen, and the domicile of a legal person or other organization refers to the location of the main office of the legal person or other organization.
If the location of the main office of the legal person or other organization cannot be determined, the place of registration or registration of the legal person or other organization shall be the place of residence.
Article 4: A citizen’s usual place of residence refers to the place where the citizen has lived continuously for more than one year from the time he leaves his place of residence to the time of prosecution, except for the place where the citizen is hospitalized for medical treatment.
Article 5: Litigation brought against an individual partnership or partnership-type joint venture without an office shall be under the jurisdiction of the people's court at the place where the defendant is registered. If there is no registration and several defendants are not in the same jurisdiction, the people's court at the defendant's domicile has jurisdiction.
Article 6: If the defendant’s household registration is cancelled, jurisdiction shall be determined in accordance with Article 22 of the Civil Procedure Law; if both the plaintiff and the defendant have their household registration cancelled, the jurisdiction shall be under the jurisdiction of the People’s Court of the place where the defendant resides.
Article 7: If the party concerned has not yet settled down after moving out of his household registration, and has a habitual residence, it shall be under the jurisdiction of the people's court of that place; if he has no habitual place of residence, the people's court at the place of his original residence shall have jurisdiction.
Article 8: If both parties are imprisoned or subject to compulsory education measures, the People's Court of the defendant's original residence shall have jurisdiction. If a defendant is imprisoned or subjected to compulsory education measures for more than one year, the people's court at the place where the defendant is imprisoned or subject to compulsory education measures shall have jurisdiction.
Article 9: If the domiciles of several defendants in a case for claiming alimony, childcare, or child support are not in the same jurisdiction, the people's court at the place where the plaintiff is domiciled may have jurisdiction.
Article 10: Cases of dissatisfaction with the designated guardianship or change of guardianship relationship may be under the jurisdiction of the people's court of the place where the ward is domiciled.
Article 11: Civil cases in which both parties are soldiers or military units shall be under the jurisdiction of the military court.
Article 12: If one spouse has been away from his place of residence for more than one year, and the other spouse files for divorce, the case may be under the jurisdiction of the People's Court of the plaintiff's place of residence.
If the couple has been away from their place of residence for more than one year, and one party files for divorce, the case shall be under the jurisdiction of the people's court of the defendant's usual place of residence; if there is no usual place of residence, the people's court of the place where the defendant lives when the plaintiff files the lawsuit shall have jurisdiction.
Article 13: For overseas Chinese who are married in China and have settled abroad, if the court of the country of settlement does not accept the divorce proceedings on the grounds that the divorce proceedings must be under the jurisdiction of the court where the marriage was concluded, and the parties concerned file a divorce proceedings with the People's Court, It shall be under the jurisdiction of the People's Court of the place where the marriage was concluded or the last place of residence of one party in the country.
Article 14: For overseas Chinese who are married and settled abroad, if the court of the country of settlement does not accept the divorce proceedings on the grounds that the divorce proceedings must be under the jurisdiction of the courts of the country of nationality, and the parties concerned file divorce proceedings with the people's court, The case shall be under the jurisdiction of the People's Court of one party's original domicile or last place of residence in the country.
Article 15: If one Chinese citizen lives abroad and the other party lives in China, no matter which party files a divorce lawsuit in the People's Court, the People's Court of the domicile of the domestic party shall have jurisdiction. If a foreign party files a lawsuit in the court of the country of residence and the domestic party files a lawsuit in the People's Court, the People's Court subject to the lawsuit shall have jurisdiction.
Article 16: If both Chinese citizens are abroad but have not settled down, and one party files a lawsuit for divorce in the People's Court, the jurisdiction shall be under the jurisdiction of the People's Court of the original place of residence of the plaintiff or defendant.
Article 17: If divorced Chinese citizens, both parties have settled abroad, and only file a lawsuit for the division of domestic property, the jurisdiction of the people's court where the main property is located shall be under the jurisdiction.
Article 18: If the contract stipulates a place of performance, the agreed place of performance shall be the place of performance of the contract.
If the contract does not stipulate the place of performance or the stipulation is unclear, and the subject of the dispute is the payment of currency, the location of the party receiving the currency shall be the place of performance of the contract; if the real estate is delivered, the location of the real estate shall be the place of performance of the contract; for other subjects, the obligation shall be fulfilled The location of one party is the place where the contract is performed.
For a contract that is settled immediately, the place of transaction is the place where the contract is performed.
If the contract is not actually performed and the domicile of both parties is not at the place of performance stipulated in the contract, the People's Court at the place where the defendant is domiciled shall have jurisdiction.
Article 19: Property leasing contracts and financial leasing contracts shall be performed at the place where the leased property is used. If the contract stipulates the place of performance, such stipulation shall prevail.
Article 20: For a sales contract concluded through an information network, if the subject matter is delivered through the information network, the place of performance of the contract shall be the place of residence of the buyer; if the subject matter is delivered by other means, the place of receipt shall be The place of performance of the contract. If the contract stipulates the place of performance, such stipulation shall prevail.
Reference: Civil Procedure Law-China Court Network