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After this court promulgated the Provisions on the Relevant Issues of Remanding for a New Trial and Ordering for a Retrial of Civil Cases on July 31, 2002, some higher people's courts have requested instructions of this court for the interpretation and application of the Provisions. For correctly applying the Provisions, this court made a decision after discussion at the 1285th meeting of its Judicial Committee, and hereby notify the relevant issues as follows: 1. For any civil case for which the judgment or ruling made by a people's court at any level has become effective, the people's court that made such judgment or ruling may generally make a retrial for once, regardless of the form under which the trial supervision procedure starts. 2. The people's court at the higher level shall, if it holds it necessary, review a civil case according to law even if a retrial for such case has been made by a people's court at the lower level, provided that such review may be made only for once. 3. For a civil case for which a protest has been made by a people's procuratorate under the trial supervision procedure, the retrial shall generally be conducted by the people's court whose adjudication for the case has become effective; if the people's court whose adjudication for the case has become effective has already made a retrial for the case, the case shall be reviewed by the people's court at the higher level, or the people's court at the higher level may order other people's court at the same level of the people's court whose adjudication for the case has become effective to conduct the retrial. 4. If the president of any people's court finds any incorrect adjudication which was made by the people's court through a retrial and which has become effective, and holds that it is necessary to correct such adjudication, he shall submit a written report for instructions, together with all the records of the case, to the people's court at the higher level. The people's court at the higher level shall generally review the case by itself or, may order other people's court at the same level of the people's court making the incorrect adjudication to make a retrial. Retrials of administrative cases shall be conducted by referring to the foregoing principles. |
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