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How long does it take for the Provincial High Court to close the case again?
The procuratorate protested and suggested retrial;
Protest in civil litigation, also known as "civil protest", refers to the litigation behavior that the people's procuratorate thinks that the legally effective civil judgment or ruling of the people's court is wrong and requests the people's court to retry according to law.
The purpose of civil protest is to realize the supervision of procuratorial organs on civil trials through protest, so that wrong judgments and rulings can be corrected to a certain extent. Procuratorial organs have the nature of legal supervisors in our laws, so judging from the current laws, the supervision of procuratorial organs over all litigation has laws to follow.
The retrial review procedure ends;
The termination of the retrial review procedure refers to the situation that the retrial review is terminated due to some reasons stipulated by law or judicial interpretation during the review process. According to Article 402 of the Judicial Interpretation of the Civil Procedure Law, in the process of retrial application review, the review shall be terminated under any of the following circumstances:
(1) The applicant for retrial dies or terminates, and the person who has no rights and obligations or the person who has rights and obligations declares to give up the application for retrial;
(2) In the lawsuit of payment, the respondent who has the obligation to pay dies or terminates, and there is no property to execute and no obligor;
(three) the parties have reached a settlement agreement and have fulfilled it, except that the parties have stated in the settlement agreement that they will not give up the right to apply for retrial;
(four) others apply for retrial in the name of the party without authorization;
(five) the original trial or the people's court at a higher level has ruled for retrial.
(6) Under any of the circumstances specified in Paragraph 1 of Article 383 of this Interpretation.
Legal basis:
Article 204th of the Criminal Procedure Law of People's Republic of China (PRC) may postpone the trial under any of the following circumstances:
(1) It is necessary to notify a new witness to appear in court, obtain new material evidence, re-evaluate or conduct an inquest;
(two) prosecutors found that the case of public prosecution needs supplementary investigation and put forward suggestions;
(3) Unable to hear the case because of the application for withdrawal.
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