Labor Dispute Beijing Supreme People's Court Civil Ruling Rejects ***'s Retrial Application

Let’s first look at the corresponding content of the Civil Procedure Law:

Article 200: If a party’s application meets one of the following circumstances, the People’s Court shall retry it:

(1) There is new evidence that is sufficient to overturn the original judgment or ruling;

(2) The basic facts identified in the original judgment or ruling lack evidence;

(3) The original judgment or ruling lacks evidence; The main evidence used in the judgment or ruling to identify the facts is forged;

(4) The main evidence used in the original judgment or ruling to identify the facts has not been cross-examined;

(5) The need for trial of the case The main evidence was unable to be collected by the party due to objective reasons and the people's court applied in writing to the people's court for investigation and collection, but the people's court failed to investigate and collect it; (6) The original judgment or ruling was indeed wrong in the application of law;

(7) The composition of the trial organization is illegal or the judicial personnel who should be recused in accordance with the law do not recuse themselves;

(8) A person without the capacity for litigation conducts a lawsuit on his behalf without a legal representative or should participate in the lawsuit A party who is a party fails to participate in the litigation due to reasons that cannot be attributed to him or his agent;

(9) Violating legal provisions and depriving the parties of their right to debate;

( 10) A judgment is made in default without summons;

(11) The original judgment or ruling omits or exceeds the litigation claims;

(12) The original judgment or ruling is based on which The legal document of the ruling has been revoked or changed;

(13) The judge committed corruption, accepted bribes, engaged in malpractice for personal gain, or violated the law when hearing the case.

In other words, the High Court believes that the legal basis for your application for retrial is insufficient, so the decision to reject the application for retrial is still a matter of procedure. As for the reasons you mentioned, it is difficult to judge the next step based on just a few words. I suggest you prepare all the materials you have at hand, find a local lawyer who is good at labor disputes, consult in detail, and ask him to give you advice. Your professional advice.

Tell me something you don’t like to hear: all kinds of legal provisions are there, and anyone can read them. The law is not a mechanical understanding of a single legal provision, otherwise the lawyers will be unemployed. , there may be something wrong with your understanding.