PRC Civil Procedure Law (Revised)

中华人民共和国民事诉讼法 (修正)

March 12, 2008 | BY

clpstaff &clp articles &

Criteria for retrial of civil cases revised.

Clp Reference: 1420/07.10.28 Promulgated: 2007-10-28 Effective: 2008-04-01

Promulgated: October 28 2007
Effective: April 1 2008

Main Contents: The revised Law sets forth more circumstances under which a people's court may approve an application to retry a civil case such as:

(1) the principal evidence supporting the facts ascertained in the original judgment or ruling was fabricated;

(2) the principal evidence supporting the facts ascertained in the original judgment or ruling was not cross-examined;

(3) the concerned party, not being able to gather the evidence necessary in the trial of the case itself due to objective reasons, applied to the people's court in writing to investigate and gather evidence, but the people's court did not do so;

(4) an error in jurisdiction was made in violation of the law;

(5) the composition of the trial organization was unlawful or a judge who, in accordance with law, ought to have recused himself/herself, did not do so;

(6) a person with no capacity to engage in litigation was not represented by a statutory agent or a person that ought to have participated in the action did not do so due to a reason not attributable to himself/herself or his/her agent ad litem;

(7) a party's right to defend itself was denied in violation of the law;

(8) a default judgment was rendered without a summons having been issued;

(9) the original judgment or ruling omitted claims or exceeded the claims; or

(10) the legal document on the basis of which the original judgment or ruling was rendered has been quashed or modified.

Repealed Legislation: PRC Civil Procedure Law (Trial Implementation), Apr 9 1991, CLP 1991 No.5 p.15

clp reference:1420/07.10.28prc reference:中华人民共和国主席令 (十届第75号)promulgated:2007-10-28effective:2008-04-01

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