Joke Collection Website - Blessing messages - The local people's court and the municipal intermediate people's court have made judgments. Isn't it the system of second instance and final adjudication? Why did they receive a court summons?

The local people's court and the municipal intermediate people's court have made judgments. Isn't it the system of second instance and final adjudication? Why did they receive a court summons?

In China, the second trial is the final trial, but the parties may apply for a retrial if they think the case is wrong.

If the parties think that the effective judgment, ruling or mediation made by the people's court is wrong, they may apply to the court at the next higher level or to the people's court at the same level for retrial.

According to Article 199 of the Civil Procedure Law, if a party considers that a legally effective judgment or ruling is wrong, it may apply to the people's court at the next higher level for retrial; A case in which one party has a large number of people or both parties are citizens may also apply to the people's court that originally tried the case for retrial. If a party applies for a retrial, the execution of the judgment or ruling shall not be stopped.

According to Article 241 of the Criminal Procedure Law, the parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling.

Extended data:

1. If a party refuses to accept the legally effective civil judgment, ruling or conciliation statement of the first and second instance of the Higher People's Court, it may apply to the Supreme People's Court for retrial.

A case in which one party has a large number of people or both parties are citizens may apply to the former Higher People's Court for retrial; To apply for retrial in the Supreme People's Court, retrial materials shall be submitted through the former Higher People's Court.

2. One party applying for retrial is the retrial applicant and the other party is the respondent.

3. The civil judgment, ruling and conciliation statement applying for retrial shall belong to the effective legal documents permitted by laws and judicial interpretations.

4. The application for retrial shall be based on the reasons listed in Article 200 of the Civil Procedure Law; The application for retrial of the effective conciliation statement shall be made in accordance with the provisions of Article 201 of the Civil Procedure Law.

The applicant for retrial shall apply for retrial within the time limit stipulated in Article 205th of the Civil Procedure Law.

Baidu encyclopedia-retrial