1、 Scope of civil litigation supervision cases accepted by the People's Procuratorate
(1) A party may apply to the People's Procuratorate for procuratorial advice or protest against a legally effective civil judgment, ruling or mediation statement under any of the following circumstances:
one The people's court rejects the application for retrial;
two The people's court fails to make a ruling on the retrial application within the time limit;
three There are obvious mistakes in the retrial judgment or ruling.
The People's Procuratorate shall examine the application of the party concerned within three months and make a decision on whether or not to make a procuratorial proposal or protest. The party concerned may not again apply to the People's Procuratorate for procuratorial advice or protest.
(2) The party concerned believes that the judges have committed illegal acts in the civil trial procedure;
(3) The party concerned believes that the civil execution activities are illegal.
2、 The People's Procuratorate does not accept the application for supervision of civil proceedings
(1) The People's Procuratorate shall not accept an application for supervision submitted by a party to the People's Procuratorate in accordance with the provisions of the first paragraph of Article 209 of the Civil Procedure Law of the People's Republic of China under any of the following circumstances:
one The party concerned fails to apply to the people's court for retrial or the application for retrial exceeds the time limit prescribed by law;
two The people's court is reviewing the civil retrial application, except that it has not made a ruling on the retrial application for more than three months;
three The people's court has ruled for retrial and has not concluded the trial;
four The marriage relationship is dissolved by judgment or mediation, except for those who refuse to accept the division of property;
five The People's Procuratorate has made a decision after examination;
six The civil judgment, ruling and conciliation statement are made by the people's court after retrial according to the protest of the people's procuratorate or the recommendation of the retrial procuratorate;
seven Other cases that should not be accepted.
(2) If a party believes that a judge has committed an illegal act or committed an illegal act in civil enforcement activities in the civil trial procedure and applies to the People's Procuratorate for supervision, the People's Procuratorate will not accept the application in any of the following circumstances:
one Where the law provides that a party may raise an objection, apply for reconsideration or bring a lawsuit, but the party concerned has not raised an objection, applied for reconsideration or brought a lawsuit, except for those with legitimate reasons;
two After the party raises an objection or applies for reconsideration, the people's court has accepted it and is examining and handling it, except that it has not handled it within the statutory period;
three Other cases that should not be accepted.
3、 Materials that should be submitted when applying for civil litigation supervision
(1) Supervision application, The following items shall be recorded:
one The name, sex, age, nationality, occupation, work unit, address and effective contact information of the applicant, the name and address of the legal person or other organization, and the name, position and effective contact information of the legal representative or main person in charge of the applicant;
two The name, gender, work unit, address, effective contact information and other information of other parties, the name, address, responsible person, effective contact information and other information of legal persons or other organizations;
three Application for supervision request and the facts and reasons on which it is based.
(II) Identification, include:
one A natural person's resident identity card, officer's card, soldier's card, passport and other valid certificates that can prove his identity;
two The duplicate of the business license of the legal person or other organization, the organization code certificate, the identity certificate of the legal representative or the main responsible person and other valid certificates;
three If an agent is appointed to apply on his behalf and the agent is a lawyer, the lawyer's practice certificate, the certificate of the law firm and the power of attorney shall be submitted; If the entrusted agent is a citizen, the identity certificate and power of attorney of the agent shall be submitted.
(III) Relevant legal documents and evidence materials. Relevant legal documents refer to all legal documents such as judgments, rulings, decisions and mediation documents made by the people's court in the process of litigation of the case, Where evidence materials are submitted, a list of evidence shall be attached.
If the application materials for supervision are not complete, the People's Procuratorate shall require the applicant to complete them within a time limit and clearly inform the applicant of all the materials that should be completed. If the applicant fails to make up within the time limit, the application for supervision shall be deemed to have been withdrawn.
IV Please apply to the People's Procuratorate with jurisdiction for civil litigation supervision according to relevant laws and regulations.
5、 Please do not repeatedly apply for civil litigation supervision.