If an application made by a party meets any of the following conditions, the people's court shall retry the case: (1) there is sufficient new evidence to set aside the original judgment or written order; (2) the main evidence on which the facts were ascertained in the original judgment or written order was insufficient; (3) there was definite error in the application of the law in the original judgment or written order; (4) there was violation by the people's court of the legal procedure which may have affected the correctness of the judgment or written order in the case; (5) the judicial officers have committed embezzlement, accepted bribes, done malpractices for personal benefits and perverted the law in the adjudication of the case.
With respect to a legally effective conciliation statement, if evidence furnished by a party proves that the conciliation violates the principle of voluntariness or that the content of the conciliation agreement violates the law, the party may apply for a retrial.
If the foregoing proves true after its examination, the people's court shall retry the case.
Application for a retrial made by a party must be submitted within two years after the judgment or written order becomes legally effective.
(Lawyer Wu Yingjie) |