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What does retrial mean


        

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  • 2024-06-18 14:01:42

    The remand system is an important system established in civil procedure. The remand for retrial means that the court of second instance, after hearing the appeal case of first instance, believes that the judgment of the court of first instance is not clear and the evidence is insufficient; Or the judgment of first instance violates the legal procedure, which may affect the correct judgment of the case; Or the first instance judgment omitted four kinds of reasons, such as the parties and claims; A trial system in which the court of second instance makes a ruling revoking the judgment of first instance and sends the case back to the court of first instance for retrial.

    If a party files an appeal after the people's court of first instance makes a judgment on the case remanded for retrial, the people's court of second instance may not remand the case for retrial again. The number of remands for retrial was limited to avoid the cycle of continuous appeals.

    Legal basis

    Article 177 of the Civil Procedure Law of the People's Republic of China, the people's court of second instance, after hearing an appealed case, shall handle it respectively according to the following circumstances:
    (1) If the original judgment or written order clearly identifies the facts and correctly applies the law, the appeal shall be rejected in the form of a judgment or written order, and the original judgment or written order shall be upheld;
    (2) If the original judgment or ruling is wrong in ascertaining facts or in applying the law, the judgment or ruling shall be changed, rescinded or altered according to law;
    (3) If the basic facts found in the original judgment are not clear, a ruling shall be made to rescind the original judgment and remand it to the people's court of the original trial for retrial, or the judgment shall be changed after the facts are ascertained;
    (4) If the original judgment omits the parties or the judgment is made by default in violation of the law and seriously violates the legal procedure, a ruling shall be made to cancel the original judgment and remand it to the original people's court for retrial.
    If a party files an appeal after the people's court of first instance makes a judgment on the case remanded for retrial, the people's court of second instance may not remand the case for retrial again.

    No***

    2024-06-18 14:01:42

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