Retrial and protest cannot be filed at the same time.
 Only when the court rejects the party's application for retrial, and the retrial application is overdue or there is obvious error in the retrial, the party can apply to the procuratorate for inspection suggestions or protest. According to the provisions of Article 198 of the Civil Procedure Law of the People's Republic of China, if the president of the people's court at all levels finds some definite error in the legally effective judgment, ruling or mediation statement of his court and believes that a retrial is necessary, he shall submit it to the judicial committee for discussion and decision. If the Supreme People's Court finds some definite error in a legally effective judgment, ruling or mediation statement of a local people's court at any level, or a people's court at a higher level finds some definite error in a legally effective judgment, ruling or mediation statement of a people's court at a lower level, it has the right to bring the case up for trial or order the people's court at a lower level to retry it.
 According to Article 199 of the Civil Procedure Law of the People's Republic of China, if a party believes that a legally effective judgment or order is wrong, he may apply to the people's court at the next higher level for retrial; If one party has a large number of people or both parties are citizens, they may also apply to the people's court that originally tried the case for retrial. If a party applies for retrial, the execution of the judgment or order shall not be suspended.
 Legal basis
 Article 198 of the Civil Procedure Law of the People's Republic of China (2017 Revision)
 If the president of a people's court at any level finds some definite error in a legally effective judgment, ruling or conciliation statement of his court and deems it necessary to retry it, he shall submit it to the judicial committee for discussion and decision. If the Supreme People's Court finds some definite error in a legally effective judgment, ruling or mediation statement of a local people's court at any level, or a people's court at a higher level finds some definite error in a legally effective judgment, ruling or mediation statement of a people's court at a lower level, it has the right to bring the case up for trial or order the people's court at a lower level to retry it.
 Article 199 of the Civil Procedure Law of the People's Republic of China (2017 Revision)
 If a party considers that there is error in a legally effective judgment or order, he may apply to the people's court at the next higher level for retrial; If one party has a large number of people or both parties are citizens, they may also apply to the people's court that originally tried the case for retrial. If a party applies for retrial, the execution of the judgment or order shall not be suspended.