Article 61
The people s court shall handle appealed cases in light of the conditions:
(1). if the facts are clearly ascertained and the law and regulations are correctly applied in the original judgment, the appeal shall be rejected and the original judgment shall be upheld;
(2). if the facts are clearly ascertained but the law and regulations are incorrectly applied in the original judgment, the judgment shall be amended according to the law and regulations; or
(3). if the facts are not clearly ascertained in the original judgment or the evidence is insufficient, or a violation of the prescribed procedure may have affected the correctness of the original judgment, the original judgment shall be rescinded and the case shall be remanded to the original people s court for a retrial, or the people s court of the second instance may amend the judgment after investigating and clarifying the facts. The parties may appeal against the judgment or ruling rendered in a retrial of their case.
Article 62
If a party considers that a legally effective judgment or ruling contains definite error, the party may make complaints to the people s court which tried the case or to a people s court at a higher level, but the execution of the judgment or ruling shall not be suspended.
Article 63
If the president of a people s court finds a violation of provisions of the law or regulations in a legally effective judgment or ruling made by his or her court and deems it necessary to have the case retried, the president shall refer the matter to the adjudication committee, which shall decide whether a retrial is necessary.
If a people s court at a higher level finds a violation of provisions of the law or regulations in a legally effective judgment or ruling made by a people s court at a lower level, it shall have the power to bring the case up for trial itself or direct the people s court at the lower level to conduct a retrial.
Article 64
If the people s procuratorate finds a violation of provisions of the law or regulations in a legally effective judgment or ruling made by a people s court, it shall have the right to lodge a protest in accordance with procedures of judicial supervision.
Chapter VIII Execution
Article 65
The parties must perform the legally effective judgment or ruling made by the people s court.
If a citizen, a legal person or any other organization refuses to perform the judgment or ruling, the administrative organ may apply to a people s court of first instance for compulsory execution or proceed with compulsory execution according to law.
If an administrative organ refuses to perform the judgment or ruling, the people s court of first instance may adopt the following measures:
(1). informing the bank to transfer from the administrative organ s account the amount of the fine that should be returned or the damages that should be paid;
(2). imposing a fine ranging from 50 to 100 yuan per day on an administrative organ that fails to perform the judgment or ruling within the prescribed time limit, counting from the day when the time limit expires;
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