|
|
| 中华人民共和国民事诉讼法（英文版）（下） |
|
| http://www.dffy.com 2007-1-19 17:17:42 来源：东方法眼 |
|
大 中 小 红 绿 蓝 黑 |
| |
|
|
|
Article 177. If the president of a people s court at any level finds some definite error in a legally effective judgment or order of his court and deems it necessary to have the case retried, he shall refer it to the judicial committee for discussion and decision.
If the Supreme People s Court finds some definite error in a legally effective judgment or order of a local people s court at any level, or if a people s court at a higher level finds some definite error in a legally effective judgment or order of 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 a lower level to conduct a retrial.
Article 178. If a party considers that a legally effective judgment or order has some error, he may apply to the people s court which originally tried the case or to a people s court at the next higher level for retrial; however, execution of the judgment or order shall not be suspended.
Article 179. If an application made by a party involves any of the following circumstances, the people s court shall retry the case:
(1) the new evidence is conclusive enough to repudiate the original judgment or order;
(2) the main evidence on which the facts were ascertained in the original judgment or order was insufficient;
(3) there was error in the application of the law in the original judgment or order;
(4) a violation of the legal procedure by a people s court may have affected the correctness of the judgment or order in the case;
(5) the judicial personnel committed embezzlement, accepted bribes, practised malpractice for personal benefits and twisted the law in trial of the case.
The people s court shall reject the application that does not meet any of the conditions specified in the preceding paragraph.
Article 180. With respect to a legally effective conciliation statement, if evidence provided by a party proves that the conciliation violates the principle of voluntariness and the content of the conciliation statement is in violation of the law, he may apply for a retrial. The people s court shall, upon examination and verification, retry the case.
Article 181. with respect to a legally effective judgment on dissolution of marriage, no party shall apply for a retrial.
Article 182. Any application for a retrial by a party shall be made within two years after the judgment or order becomes legally effective.
Article 183. When a decision is made to retry a case in accordance with the procedure for trial supervision, the execution of the original judgment shall be ordered to be suspended. The order shall be signed by the president of the court, and the seal of the people s court shall be affixed to it.
Article 184. With respect to a case to be retried by a people s court in accordance with the procedure for trial supervision, if the legally effective judgment or order was made by a court of first instance, it shall be handled in accordance with the procedure of first instance, and the parties may appeal against the new judgment or order; if the legally effective judgment or order was made by a court of second instance, it shall be handled in accordance with the procedure of second instance, and the new judgment or order shall be legally effective; if it is a case which was brought up for trial by a people s court at a higher level, it shall be handled in accordance with the procedure of second instance, and the new judgment or order shall be legally effective.
此文章共有22页 [上一页] [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [下一页]
本文关键词：民事诉讼
收藏到法律网摘 讨论 打印 页顶 关闭 |
|
编辑：李富金 |
|
|
|
|
|
|