Retrial: In order to correct the mistakes in the judgments and rulings that have already taken effect in law, the retrial activities conducted in accordance with the trial supervision procedures are called retrials. The retrial shall be filed by the President of the Court, or by the Supreme People's Court, the People's Court at a higher level, or the lower-level people's court, or by the People's Procuratorate at the higher level, and the retrial shall be separately formed into a collegial panel, which shall be the first-instance case and the first-instance case. The judgments and rulings made may be appealed or protested; the original second-instance case shall be conducted in accordance with the second-instance procedure, and the judgment or ruling shall be a final judgment or ruling, and no appeal or protest may be lodged.
The trial: refers to the mistake of the superior people's court to correct the judgment or ruling of the legal effect of the lower-level people's court, and the case is brought up for trial by itself. The trial shall be conducted in accordance with the second instance procedure, and the judgment or ruling made shall be a final judgment or ruling. In addition, the people's court at a higher level shall accept the case (not yet made a judgment) accepted by the people's court at a lower level, and consider that it is appropriate for the case that it is the first instance to be tried by itself, also called the trial.
Simply combing the case of Hunan doctor, the party Jiang Fenglin received the second-instance judgment of the city's Intermediate People's Court on February 18, 2019, dissatisfied with the verdict, and on the 7th of March, the higher court sentenced the second-instance judgment. The hospital applied for retrial. The provincial high court received the case on March 11th, and the collegiate panel was established. On March 29, the court held a court inquiry in the 323 court of the High Court (the reconsideration agency did not attend!), after April, April 29 Conclusion. The collegiate bench held that the retrial meets the following two situations: (3) the original judgment, the prima facie evidence that the main evidence is insufficient, has not been cross-examined or forged; and (4) the original judgment, the ruling applicable law, and the regulations are wrong. After discussion by the High Court Judicial Committee, the ruling: The case was tried by the court; on July 1, the notice of acceptance of the case and the notice of the collegial panel were issued, which means that the retrial procedure has been officially launched.xx该条的有关规定应在两到三个月内公布。换句话说，在10月1日特殊日之际，省高级法院的神圣和庄严的法律将给社会带来一个引人注目的案例。