In order to promptly and effectively safeguard the legitimate rights and interests of the parties, the interests of justice, to further standardize the civil case retrial and the retrial remand instruction, improve the quality and efficiency of trial supervision, according to "People's Republic of China Civil Procedure Law", combined with the actual trial, the enactment of this regulations.
The first higher people's court should be strictly in accordance with the Civil Procedure Law Article 200 and other provisions of the retrial application review of the parties, meet the statutory requirements, ruling retrial. Shall not be reduced instruction retrial retrial start standard, nor will appeal because the parties repeatedly retry a case according to the law should not command lower courts for retrial.
The second ruling party applying for a retrial because of a case should be heard by the ruling General People's Court retrial. One of the following circumstances, the Supreme Court, the Higher People's Court may order the trial court for retrial:
(A) In accordance with the Civil Procedure Law Article 200 paragraph (d), paragraph (e) or paragraph (9) ruled that a retrial;
(B) the legally effective judgment, ruling or mediation agreement is made by the court of first instance;
(Iii) the number one party or both parties to a number of citizens;
(D) discuss other circumstances determined by the judicial committee.
People's Procuratorate case protested by a People's Court accepted the protest, has one of the circumstances prescribed in the Civil Procedure Law Article 200 (a) to (e) above, may instruct the trial court for retrial.
People's Court under the Civil Procedure Law of the one hundred and ninety eighth paragraph of Article ruling retrial should be arraigned.
Although compliance with the provisions of Article III of this Article may instruct the retrial of conditions, but one of the following circumstances shall arraignment:
(A) the original judgment, the trial court ruled that the Department of the retrial hearing made;
(B) the original judgment, the trial court ruled that the Department of the Judicial Committee discussions made;
(C) the trial judges in the trial of the case of embezzlement, bribery, favoritism, capricious and arbitrary acts;
(D) the trial people 法院对该案 no retrial jurisdiction;
(E) requires a uniform law applicable standard or exercise of discretion;
(6) other circumstances should command the trial court for retrial.
Article People's Court of second instance procedures in accordance with a case for retrial, found in the original verdict basic facts are not clear, the general should be made after the trial verdict by facts. But the trial court had not heard the basic facts, and may decide to revoke the original decision, remand. The original verdict, the facts wrong, the higher people's court shall not remand the basic facts clear ruling on the grounds.
Article People's Court of second instance procedures in accordance with a case for retrial, the people's court of first instance found in one of the following serious case of violation of legal procedures, in accordance with the Civil Procedure Law Article 170 paragraph 1 (d) of provisions ruling to revoke the original judgment, the people back to the first instance court for retrial:
(A) the original judgment omission must participate in the proceedings of the party;
(B) no legal capacity to litigation on behalf of people without legal representatives or parties should participate in the proceedings, because not attributable to himself or his legal representatives, reasons for not participating in the proceedings;
(C) without lawful subpoena default judgment, or violation of the legal rights of the deprived party debate;
Composition (4) the judicial organization of illegal or legally should be avoided trial staff did not avoid;
(E) the original judgment, ruling missing litigation requests.
Article VI of the higher people's court ruling instruction retrial, remand, ruled that the specific reasons for the book should clarify instructions retrial or remand.
Article retrial retrial should focus on the applicant's request to proceed with the hearing and judgment. The other party before the end of the debate also made the trial retrial retrial request, should be heard and the referee. Parties retrial request exceeds the trial proceedings requested non-justiciable, constitute a separate case proceeding shall inform the parties may file new lawsuits.
Article VIII remand the case for retrial, the parties should focus on the original lawsuit to trial. Party applying for change, increased claims and counterclaims, according to "Supreme People's Court on the application of <People's Republic of China Civil Procedure Law" interpretation "provides review of Article 252 of determining whether to grant. Party change its lawsuit in the trial of advocate, cross-examination and debate opinions, shall state the reasons and submit the appropriate evidence, reason does not hold or insufficient evidence, the people's court shall not support.
Article IX Courts at all levels of civil cases and conduct of the trial retrial retrial instruction remand, should strictly abide by the regulations. Violation of this provision shall be held accountable in accordance with the relevant provisions of the relevant personnel.
Article X of the Supreme Court's judicial interpretation of previously released inconsistent with this provision is no longer applicable.
