Did you reverse the case after receiving the notice of retrial response from the Higher People's Court?

The notice of responding to the retrial only tells that the retrial application has passed the court review and is now in the retrial procedure. Like the first instance, it is necessary to serve legal documents such as the notice of responding to the lawsuit, the court summons and the notice of proof.

Retrial is an important procedural system and an important part of criminal procedure law and civil procedure law in various countries.

Looking at the criminal procedure law and civil procedure law of various countries, the provisions on retrial system can be roughly divided into two categories: one is to stipulate the trial supervision procedure, that is, the statutory organs and public officials file a retrial on the wrong judgment that has taken legal effect based on the trial supervision right entrusted by law.

Because the procedure of trial supervision is based on the right of trial supervision, there is generally no mandatory stipulation on the time limit for bringing a retrial, but only the conditions and reasons for bringing a retrial are stipulated in principle.

Extended data:

There are significant differences between applying for retrial and appeal, which are mainly reflected in:

I. Different applicants

The subjects applying for retrial are the parties and their legal representatives. The subject applying for retrial is strictly limited to the parties in the original trial and their legal representatives, and no one else has the right to apply for retrial.

The complaint in litigation is that the parties, the victims, their families or other citizens who know the situation of the case think that the legally effective judgment or ruling of the people's court is wrong, and they can all request the people's court or the people's procuratorate to handle it according to law and correct it.

Non-litigation complaint refers to that citizens, enterprises, institutions and other units refuse to accept the handling, punishment or disciplinary action of the administrative department because of their legitimate rights and interests, and can ask the department or its higher authorities to handle and correct it again.

Second, the nature is different.

The right to apply for retrial is a litigation right given to the parties by the civil procedure law, and applying for retrial is the behavior of the parties to exercise their litigation rights; The right to appeal is a democratic right granted by the constitution to citizens, legal persons and other organizations, and appeal is the behavior of the parties to exercise their democratic rights.

Third, for different objects.

The object of application for retrial is the effective judgment or ruling that is really wrong, as well as the conciliation statement that violates the principle of voluntariness or the content is illegal. Appeals are not subject to this restriction. Appeals can be made against legal documents that have not yet entered into force or those that have already entered into force. In addition, complaints can also be directed at some illegal acts.

Fourth, the application period is different.

The time limit for applying for retrial is within 2 years after the legal documents come into effect, or more than 2 years. 20 13 1 The new Civil Procedure Law, which came into effect, stipulates that the right to apply for retrial will be lost within 6 months after the legal documents come into effect. There is no time limit for complaints.

References:

Baidu encyclopedia-retrial

References:

Baidu Encyclopedia-Notice of Respondent