Litigation

Method to resolve different opinions on legally effective judgment or ruling

According to Chinese law, if a foreign party considers that there is error in a legally effective judgment or ruling made by a Chinese court, he may apply to the people’s court at the next higher level for a retrial; if one party of the case includes many people or both parties are citizens, they may apply to the original court for a retrial. If the parties concerned apply for a retrial, execution of the judgment or ruling shall not be suspended. With respect to a legally effective judgment or mediation agreement on dissolution of marriage, neither of the two parties shall apply for retrial. A party who intends to apply for a retrial shall submit an application within six months after the judgment or ruling becomes legally effective; if there is new evidence sufficient to set aside the original judgment or ruling, or the main evidence for the facts ascertained in the original judgment or ruling is falsified, or the legal document based on which the original judgment or ruling was made is abrogated or revised, or in the trial, the adjudicator is found to have committed embezzlement, accepted bribes and engaged in malpractices for personal gain, the party shall submit the application within six months after he comes to know or should know the fact. Where a party applies for a retrial, he shall submit an application for retrial and other materials.

A foreign party may also apply to a people’s procuratorate for supervision suggestion or protest under any of the following circumstances: (1) the people’s court denies the retrial application; (2) the people’s court fails to make a decision for retrial within three months after receiving the application for a retrial; or (3) there is an obvious error in the retrial judgment or ruling.