I.A party dissatisfied with a legally effective judgment or ruling may apply for a retrial to the People's Court at the next higher level. In cases where a large number of plaintiffs or defendents are involved or both parties are citizens, the application may also be submitted to the original trial court. Filing a retrial application does not suspend the enforcement of the judgment or ruling.
A large number of plaintiffs or defendents may include citizens, legal persons, and other organizations. Cases where both parties are citizens refers to disputes where both the plaintiff and defendant are citizens.
The retrial application must be filed within six months after the judgment or ruling becomes legally effective. However, the application can be filed within six months from the date the party knew or should have known the existence of any of the following circumstances:
(1) New evidence sufficient to overturn the original judgment or ruling is discovered;
(2) Key evidence in the original judgment or ruling is proven to be forged;
(3) The legal document underlying the original judgment or ruling is revoked or modified;
(4) Judicial personnel involved in the original case committed acts of corruption, bribery, favoritism, or perversion of justice.
II.A party may apply for a retrial of a legally effective mediation agreement if evidence is provided proving that the mediation violated the principle of free will or that the content of the mediation agreement contravenes the law.
Such applications must be filed within six months after the mediation agreement becomes legally effective.
III. If a party dies or ceases to exist, the successor in rights and obligations may apply for a retrial in accordance with the law. If a party transfers a creditor's right confirmed by a judgment or mediation agreement after it takes effect, the transferee is not permitted to apply for a retrial against the judgment or mediation agreement.
IV.A necessary co-litigant who did not participate in the original proceedings due to reasons not attributable to themselves or their litigation agents may apply for a retrial within six months from the date they knew or should have known the circumstances, unless the case falls under the provisions listed in Section V for third-party retrial applications.
V. During enforcement proceedings, if a third party submits a written objection to the subject of enforcement and the People's Court dismisses the objection, the third party may apply for a retrial to the People's Court that issued the original judgment, ruling, or mediation agreement within six months from receiving the dismissal ruling, provided they believe the original decision harmed their civil rights.
VI. Retrial applications are not permitted for cases adjudicated under non-contentious procedures, including special procedures, payment order procedures, public notice procedures, and bankruptcy procedures.
VII. The People's Court will not accept retrial applications for civil rulings relating to setting aside an arbitral award dismissing an application for setting aside an arbitral award, or refusing enforcement of an arbitral award.
VIII. The People's Court will not accept retrial applications in the following circumstances:
(1) The application is resubmitted after being dismissed;
(2) The application challenges a retrial judgment or ruling;
(3) The application is filed after the People's Procuratorate has decided not to issue a retrial prosecutorial recommendation or protest.
For circumstances (1) and (2), the party may instead apply to the People's Procuratorate for a retrial prosecutorial recommendation or protest, except where the retrial resulted from such a recommendation or protest.
IX. Applicants shall submit the following materials:
(1) A retrial application with copies corresponding to the number of respondents and other original parties;
(2) For natural persons: identity documents; for legal persons or other organizations: business license, organization code certificate, and identity proof of the legal representative or principal officer. If represented by an agent, a power of attorney and the agent's identity proof shall be provided;
(3) Copies of the original judgment, ruling, or mediation agreement;
(4) Main evidence and other materials reflecting the basic facts of the case.
Note: Materials under Items (2), (3) and (4) may be copies verified against the originals.
X. The retrial application shall include:
(1) Basic information of the applicant, respondents, and other original parties;
(2) The name of the original court and the case number of the original judgment;
(3) Specific retrial claims;
(4) The legal grounds for retrial and the factual basis and reasoning.
The application must clearly list the name of the People's Court to which it is submitted and bear the signature, fingerprint, or seal of the applicant.
Legal grounds for retrial refer to the specific circumstances stipulated under the Civil Procedure Law of the People's Republic of China and other relevant laws that require the People's Court to conduct a retrial.
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