Litigation

Circumstances where a people’s court decides to retry a case

According to the relevant Chinese law, where an application made by a party meets any of the following circumstances, the people’s court shall make a decision to retry the case: there is new evidence sufficient to set aside the original judgment or ruling; there is a lack of evidence for establishing the basic facts ascertained in the original judgment or ruling; the main evidence for the facts ascertained in the original judgment or ruling is falsified; the main evidence for the facts ascertained in the original judgment or ruling is not cross-examined; the party to a lawsuit, due to objective cause, cannot collect the evidence necessary for adjudicating the case and has applied in writing to the people’s court for investigation and collection of such evidence, but the people’s court fails to investigate and collect the evidence; there is a definite error in the application of law to the making of the original judgment or ruling; the formation of the trial organization is unlawful or the adjudicator who should withdraw has not done so; the person incapable of judicial act is not represented by a legal agent, or the party who should participate in the litigation fails to do so for reasons not attributed to himself or his litigation agent; in violation of the provisions of law the party’s right to debate is deprived of; the judgment is made in the absence of the party where a summons is not served on; some claims are omitted or excessive claims are confirmed in the original judgment or ruling; the legal document based on which the original judgment or ruling is made is abrogated or revised; in the trial, the adjudicator is found to have committed embezzlement, accepted bribes and engaged in malpractices for personal gain.