The people s court shall, in retrying a case, form a new collegial pannel.
Article 185. If the Supreme People s Procuratorate discovers that a legally effective judgment or order made by a people s court at any level, or if a people s procuratorate at a higher level discovers that a legally effective judgment or order made by a people s court at a lower level, involves any of the following circumstances, the Supreme People s Procuratorate or the people s procuratorate at a higher level shall respectively lodge a protest in accordance with the procedure for trial supervision:
(1) the main evidence ascertaining the facts in the previous judgment or order was insufficient;
(2) there was error in the application of the law in the previous judgment or order;
(3) a violation of the legal procedure may have affected the correctness of the judgment or order; or
(4) the judicial personnel committed embezzlement, accepted bribes, practiced malpractice for personal benefits and twisted the law in trail of the case.
If a local people s procuratorate at any level discovers that a legally effective judgment or order made by a people s court at the corresponding level involves any of the circumstances specified in the preceding paragraph, it shall refer the matter to the people s procuratorate at a higher level for a protest to be lodged by the latter in accordance with the procedure for trial supervision.
Article 186. Cases protested by the people s procuratorate shall be retried by the people s court.
Article 187. When the people s procuratorate decides to lodge a protest against a judgment or order made by a people s court, it shall produce a written protest.
Article 188. The people s court shall, in retrying a case protested by the people s procuratorate, notify the people s procuratorate to send personnel to the court.
CHAPTER XVII SUMMARY PROCEDURE FOR RECOVERING A DEBT
Article 189. When a creditor requests payment of money or negotiable instrument from a debtor, if the following requirements are met, he may apply to the basic people s court that has jurisdiction for a payment warrant. The relevant requirements are:
(1) the creditor and the debtor are not involved in other obligation disputes; and
(2) the payment warrant can be served on the debtor.
The application shall clearly state the requested amount of money or quantity of negotiable instrument and the facts and evidence on the basis of which the request is made.
Article 190. After a creditor has submitted his application, the people s court shall within five days inform the creditor whether it has accepted his application.
Article 191. After accepting the application, the people s court shall, upon examination of the facts and evidence provided by the creditor, if the relationship of the creditor s rights and the debtor s obligations is definite and legitimate, issue a payment warrant to the debtor within 15 days from accepting the application.
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