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	CIVIL CASES REMAND AND DIRECTIVE RETRIAL PROVISIONS OF THE SUPREME PEOPLE'S COURT

	(Announcement of the Supreme People's Court of the People's Republic of China (No.24 [2002] Judicial Interpretation), July 31, 2002: Adopted at the 1221st Meeting of the Judicial Committee of the Supreme People's Court on April 15, 2002, which shall come into force as of August 15, 2002)


SUBJECT : CIVIL CASES; REMAND AND DIRECTIVE RETRIAL
ISSUING DEPARTMENT : SUPREME PEOPLE'S COURT OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 07/31/2002
IMPLEMENT DATE : 08/15/2002
LENGTH : 346 words
TEXT :

In accordance with the relevant provision of the Civil Procedure Law of the People's Republic of China (hereinafter referred to Civil Procedure Law), the following provisions are prescribed for the relevant issues of the people's courts' remanding for a new trial and ordering for a retrial of civil case:

Article 1. Where the people's court of second instance remands a case for a new trial to the people's court of original trail in accordance with Item 3), Paragraph 1, Article 153 of the Civil Procedure Law, the case may only be remanded for once. After the people's court of first instance tries the case again, if the people's court of second instance regards that the original judgment is still wrong in ascertaining the facts, or the original judgment fails to ascertain the facts clearly and lacks sufficient evidence, it shall revise the judgment after clearly ascertaining the facts.

Article 2. Where the people's court at any level retries a case in accordance with Paragraph 1, Article 177, it may only do so for once.

Where the people's court at the higher level orders the people's court at the lower level to retry a case in accordance with Paragraph 2, Article 177 of the Civil Procedure Law, it may only do so for once. If the people's court regards that the effective judgment or ruling rendered by the people's court at the lower level need to be retried again, it shall review the case pursuant to law.

Where the people's court orders for retrial of a case because of the violation of legal procedures by the people's court at the lower level, it shall not be bound by the preceding paragraph.

Article 3. The people's court may only try a case for once pursuant to the procedures for trial supervision in accordance with Article 178 of the Civil Procedure Law.

The "try for once pursuant to the procedures for trial supervision" provided for in the preceding paragraph shall not include the situation in which the people's court, after examination, dismisses the party's application for retrial by notification.