Model essay on civil retrial application

The following is a sample application for civil retrial, which is arranged for you for your reference. Welcome to reading.

The application for civil retrial is a judicial document. Civil retrial application is different from criminal retrial application. The application for civil retrial is mainly for the field of civil cases. The application for civil retrial is a document that the parties to a civil case refuse to accept the effective civil judgment, ruling or mediation made by local people's courts at all levels, and can apply for retrial to the people's court at the next higher level or the court of first instance according to legal procedures and time limit.

Application for civil retrial: XXX, female.

Respondent (plaintiff of first instance and appellee of second instance): XXX, male.

Respondent (defendant in the first instance and appellee in the second instance): XXX, male.

Respondent (defendant in the first instance and appellee in the second instance): XXX, male.

The case of the dispute over private lending between the retrial applicant XXX and the respondent XXX refuses to accept the (20 1 1) calendar initial word No.400 made by the Lixia District People's Court of Jinan City, Shandong Province on 201and the Jinan People's Court of Shandong Province on 4 October, 20654381. According to Article 179 of the Civil Procedure Law of People's Republic of China (PRC), the civil judgment No.323 of Jimin Sishang Zhongzi applied to the Shandong Higher People's Court for retrial.

I. Request for retrial

1. Request your hospital to cancel the first and second items of Civil Judgment No.402 of Lixia District People's Court of Jinan City (20 1 1);

2. Request your hospital to revoke the contents of the civil judgment of Ji Min Si Shang Zhong Zi No.323 (20 1 1) made by the Intermediate People's Court of Jinan City, Shandong Province;

3. Request your hospital to change the sentence or send it back for retrial according to law, and support the claim that Wang Demin, the applicant for retrial, does not have to bear the debt repayment;

4. The expenses for requesting the first, second and retrial judgments of your hospital shall be borne by the respondent.

Two. Reasons for application

According to the second item of the first paragraph of Article 179 of the Civil Procedure Law of People's Republic of China (PRC): the basic facts identified in the original judgment or ruling are not proved by evidence; Item 6: The application of law in the original judgment or ruling is indeed wrong; Paragraph 2: If a violation of legal procedures may affect the correct judgment or ruling of a case, or if a judge commits corruption, bribery, favoritism or perverting the law in the trial of a case, the people's court shall retry the case. Special application for retrial.

Three. Specific facts and reasons

1. Subject matter 1 of application: It complies with the provisions of Item 2, Paragraph 1, Article 179 of the Civil Procedure Law of People's Republic of China (PRC), and the specific reasons are as follows:

The retrial applicant XXX shall not be jointly and severally liable for the personal debts borrowed by the respondent XXX. According to the provisions of Article 41 of the Marriage Law of the People's Republic of China, "at the time of divorce, the debts originally incurred by the husband and wife living together shall be jointly repaid". The Supreme People's Court's "Several Specific Opinions on People's Courts Handling Property Division" pointed out that the debts of husband and wife include the following aspects: debts arising from daily life; Debts arising from production and business activities; Debts arising from the treatment of diseases by one or both spouses; Debt arising from raising children; Debt incurred in supporting the elderly who have the obligation to support; Other debts that should be recognized as joint debts of husband and wife.

The applicant for retrial XXX and the respondent XXX have been separated since xxxx, 2005. They are unaware of their debts, and the loans are not used for family life or within the above-mentioned legal scope. Therefore, the retrial applicant XXX should not be jointly and severally liable for the settlement of personal debts that cannot be recognized as husband and wife debts.

2. Subject matter 2 of the application: it conforms to the provisions of Item 6, Paragraph 1, Article 179 of the Civil Procedure Law of People's Republic of China (PRC), and the specific reasons are as follows:

The debt between the respondent XXX and the respondent XXX belongs to usury debt. According to the provisions of the Notice of the People's Bank of China on Banning Underground Banks and Combating usury: "The interest rate of private individual loans shall be determined by both borrowers and borrowers through consultation, but the interest rate determined through consultation between the two parties shall not exceed 4 times (excluding floating) the interest rate of loans of financial institutions of the same grade in the same period announced by the People's Bank of China. Those that exceed the above standards should be defined as high-interest lending. " According to the evidence submitted by retrial applicant XXX in the first and second trials, it can be proved that there is usury in the debt between retrial respondent XXX and retrial respondent XXX. It is unclear whether the debt repaid by the respondent XXX belongs to the principal or interest, and the remaining amount is likely to be usury interest, which is not protected by law.

To sum up, the retrial applicant XXX should not be liable for the repayment of usurious debts between the respondent XXX and the respondent XXX. We implore your hospital to retry according to law, correct mistakes and safeguard the legitimate rights and interests of those who apply for retrial.

I am here to convey

Shandong Higher People's Court

Applicant:

date month year

Application form for civil retrial: Wei xx, male, born in June 65438 +0963 654381October+1day, Zhuang nationality, farmer, and resident. * * County * * Yao Township **4 1, Tel.

Respondent (defendant in the original trial): Liang xx, male, born in August, 1969, Zhuang nationality, farmer, living in * * village, * * county. In the case of compensation for personal injury, the applicant refused to accept the civil mediation document (T.M.Z.Zi. No.355 (2009) of the People's Court of * * County and applied for retrial.

People fell from the second floor while helping workers, resulting in a fracture of the right femoral neck. Afterwards, the respondent did not send the applicant to the hospital for treatment in time, but sent him to Ding 'an private clinic for herbal treatment. On June 2, 2009, Kloc-0, the plaintiff's disability grade was identified as level 6 disability by Youjiang Judicial Appraisal Center. The applicant filed a lawsuit in the People's Court of * * County on June 16, 2009, demanding that the respondent compensate the medical expenses, disability compensation and other expenses * * * totaling 57,793.87 yuan. The court heard the case. The court held that the case was filed on June 30, 2007, and the statute of limitations had expired, so the applicant and the respondent were mobilized to mediate. The applicant was worried that the statute of limitations would be exceeded, and the court rejected his lawsuit. In the absence of money, a mediation agreement was signed with the respondent, and the respondent compensated the applicant for 5000 yuan.

The applicant believes that article 168 of the Supreme People's Court's Judicial Interpretation of General Principles of Civil Law stipulates: "If the damage is obvious during the limitation of action for personal injury compensation, it shall be counted from the date of the damage; No damage was found at that time, and it was confirmed by inspection and proved to be caused by infringement, counting from the date of diagnosis of damage. " The "date of injury" in this article can not be simply understood as the day of the incident, but as the date when the treatment is completed or the treatment cost can be determined, because the compensation for personal injury should not only have the damage facts, but also have a specific amount of compensation, and the specific amount of damage cannot be separated from the diagnosis and treatment of the hospital. If disability is caused, there should also be disability appraisal to determine the amount of compensation. Therefore, according to the specific circumstances of the case, the limitation of action should start from the date of disability appraisal, that is, from June 2009 12, rather than from February 30, 2007.

I am here to convey

Shandong Higher People's Court

Applicant:

date month year

Application for Civil Retrial Fan Wensan: Cheng Yue, male, born on March 4th, 1967, Han nationality, from Jianli County, Hubei Province, formerly an employee of Dongfeng Motor Co., Ltd., living in Lijiabian Village, Dongcheng Development Zone, Shiyan City, Tel: 132942 15667.

Respondent for retrial: Dongfeng Motor Co., Ltd.

Address: No.29, Bai Ye Road, Economic and Industrial Zone, Wuhan City, Hubei Province, Tel: 027-84283537

Legal Representative: Xu Ping, board chairman of this company.

The applicant refused to accept the civil judgment of Maojian District People's Court of Shiyan City (2005) Mao Min Yi Chu Zi No.897 and the civil judgment of Shiyan Intermediate People's Court (2006) Shi Min Zhong (1) Zi No.479, and applied for retrial according to law.

Reasons for applying for retrial:

First, the effective judgment violates the provisions of the second paragraph of Article 179 of the Civil Procedure Law, and the basic facts identified in the original judgment or ruling lack evidence to prove.

Two, the effective judgment violates the provisions of the "Civil Procedure Law" article one hundred and seventy-ninth (six) of the first paragraph, the original judgment or ruling is indeed wrong.

Application for retrial procedure:

1. Revoke the civil judgments of Maojian District People's Court (2005) No.897 Maominyichu and Shiyan Intermediate People's Court (2006) No.479 Shiminzhong (1) according to law;

2. Judge that the respondent paid the pension, medical care and unemployment insurance premium 1 995 1 for the applicant in accordance with the law, and pay the applicant an economic compensation of 9,000 yuan;

3. The legal fees of the first and second trials shall be borne by the respondent.

Facts and reasons:

1. The court of first instance held that the applicant had established a factual labor relationship with the commercial vehicle marketing department under the respondent Dongfeng Motor Co., Ltd. before 200 1, and there was no evidence to prove whether it had established a labor relationship with the respondent after 200 1. Therefore, it is judged that there is no labor relationship between the applicant and the respondent, and no social insurance or economic compensation is paid for them.

The applicant believes that during the original trial, the applicant provided witnesses Wang Chang (monitor) and Kong (colleague) to prove that the applicant had established a factual labor relationship with the commercial vehicle marketing headquarters under the respondent Dongfeng Motor Co., Ltd. before 200 1. The evidence provided by the respondent proves that other parties in the same case have had labor relations with Shiyan Hemei Labor Service Co., Ltd. since April 2003, but it cannot be said that the applicant also has labor relations with Shiyan Hemei Labor Service Co., Ltd.

According to article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (No.[200 1] of the Law), the applicant's working years shall be borne by the respondent, and if the respondent cannot provide evidence, the court shall accept the applicant's claim.

According to Article 15 of the Notice of the Ministry of Labor on Several Issues Concerning the Implementation of the Labor Contract System (No.354 issued by the Ministry of Labor [1996]), "When the laborer performs the relevant obligations of terminating or dissolving the labor contract, the employer shall issue a certificate of terminating or dissolving the labor contract ...". The former Hubei Provincial Labor Department's Notice on Standardizing the Procedures for Dissolving and Terminating the Labor Contract (No.E Lao Li [1999] 190) stipulates that "both the employer and the employee shall dissolve or terminate the labor contract in accordance with the substantive contents and procedures prescribed by law and notify the other party in writing. The labor contract rescission certificate and the labor contract termination certificate are the vouchers for the employer and the employee to dissolve and terminate the labor contract.

The Supreme People's Court's "Reply on how to calculate the time limit for applying for labor dispute arbitration when dissolving the labor contract" (Fa Shi [2004] No.8) stipulates: "If the employer dissolves the labor contract and there is a dispute with the employee, the time limit for the employee to apply to the labor dispute arbitration committee for arbitration shall be counted from the date of receiving the written notice of dissolving the labor contract".

The Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Labor Dispute Cases (No.6 [2006] of the Law) stipulates in Article 1 (2) that "if the employer can't prove that the employee has received a written notice to dissolve or terminate the labor relationship, the date when the employee claims his rights is the date when the labor dispute occurs".

During the original trial, the respondent did not provide evidence to prove that the applicant's labor relationship had been dissolved or terminated on 200 1, so it cannot be concluded that there was no labor relationship between the two parties after 200 1.

Two, the effective judgment finds that the applicant has exceeded the arbitration period, which is an error of applicable law.

Although Article 82 of the Labor Law stipulates that the party requesting arbitration shall submit a written application to the Labor Dispute Arbitration Committee within 60 days from the date of the labor dispute, if there are other provisions in the law, those provisions shall prevail.

Article 72 of the Labor Law stipulates: "Employers and workers must participate in social insurance and pay social insurance premiums according to law".

The State Council's "Decision on the Reform of the Old-age Insurance System for Enterprise Employees" (Guo Fa [1991] No.33) stipulates: "If an enterprise fails to pay within the time limit, it shall pay a late fee according to the regulations".

Article 12 of the Interim Regulations on the Collection and Payment of Social Insurance Fees (the State Council Decree No.259) stipulates that "social insurance fees shall not be reduced or exempted". Article 13 stipulates: "If the payer fails to pay and withhold social insurance premiums in accordance with the regulations, the administrative department of labor security or the tax authorities shall order it to pay within a time limit; If it fails to pay within the time limit, in addition to paying the unpaid amount, a late payment fee of two thousandths will be charged every day from the date of default. "

According to the above provisions, paying social insurance is as compulsory as national taxes, and workers should not be limited by time to pursue social insurance; The respondent has no evidence to prove that the applicant is not in his own unit after 200 1, and there is no evidence to prove that the applicant has dissolved or terminated the labor relationship with the applicant on 200 1, then the respondent shall pay the pension, medical and unemployment insurance premiums for the applicant and pay the economic compensation to the applicant.

To sum up, the facts of this case are clear, the rights and obligations of both parties are clear, and the court of first instance deliberately violated the facts and unilaterally understood the law, so it made a wrong judgment. In order to safeguard the legitimate rights and interests of the applicant, we now apply to the Provincial Higher People's Court for retrial. We sincerely hope that your hospital will revoke the original judgment according to law and support the applicant's claim.

I am here to convey

Hubei Provincial Higher People's Court

Applicant for retrial: XXX

XX year XX month XX day

Clerk: Yang xx

Attachment: 1, copy of the award of Shiyan Labor Dispute Arbitration Commission 1 copy (Shi Laozhong [2005] No.43);

2. The civil judgment made by Maojian District People's Court of Shiyan City (2005) Maominyi No.897;

3. A copy of the civil judgment of Shiyan Intermediate People's Court (2006) No.479 (Zhong (1));

4. A copy of the civil ruling of Shiyan Intermediate People's Court (2008) Shi Min Shenzi No.62;