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How to apply for retrial when the property owner loses the case?
1. Can I appeal if I lose the property fee dispute?
Whether the property fee dispute can be appealed depends on the actual situation, because China's civil trial is a two-instance final trial system. The judgment of second instance takes effect immediately after it is made and must be implemented. If you are still dissatisfied, you can apply to the people's court that originally tried the case or the people's court at the next higher level for a retrial, which shall be made within two years after the judgment or ruling becomes legally effective. According to article 24 1 of the criminal procedure law
The parties, their legal representatives and close relatives may appeal to the people's court or the people's procuratorate against the legally effective judgment or ruling, but they cannot stop the execution of the judgment or ruling.
Two, "People's Republic of China (PRC) civil procedure law" provisions on appeal.
Article 177 If the presidents of the people's courts at all levels find mistakes in the legally effective judgments and rulings of their own courts and think that they need to be retried, they shall submit them to the judicial committee for discussion and decision.
The Supreme People's Court has the right to send back or instruct the lower people's court to retry the legally effective judgments and rulings of local people's courts at all levels and people's courts at higher levels if errors are found.
Article 178 If a party considers that a legally effective judgment or written order is wrong, it may apply to the people's court that originally tried it or the people's court at the next higher level for retrial, but the execution of the judgment or written order shall not be suspended.
Article 179 If a party's application is under any of the following circumstances, the people's court shall retry it:
(1) There is new evidence sufficient to overturn the original judgment or ruling;
(two) the main evidence of the facts ascertained in the original judgment or ruling is insufficient;
(3) The application of the law in the original judgment or ruling is indeed wrong;
(four) the people's court violates legal procedures, which may affect the correct judgment and ruling of the case;
(five) the judge has corruption, bribery, favoritism, perverting the law in the trial of the case.
The people's court shall reject an application that does not conform to the provisions of the preceding paragraph.
Article 180
If the parties provide evidence to prove that mediation violates the principle of voluntariness or the contents of the mediation agreement violate the law, they may apply for retrial. If it is verified by the people's court, it shall be retried.
Article 181 A party may not apply for a retrial of a legally effective judgment of dissolution of marriage.
Article 182 An application for retrial by a party shall be filed within two years after the judgment or ruling becomes legally effective.
Article 183 If a case is decided to be retried in accordance with the procedure of trial supervision, the original judgment shall be suspended. The written ruling shall be signed by the president and stamped with the seal of the people's court.
Article 184
If a case is retried by the people's court in accordance with the procedure of trial supervision, the court of first instance shall make a legally effective judgment or ruling, and the case shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal against the judgment or ruling made; A legally effective judgment or ruling is made by a court of second instance, and it becomes legally effective if it is tried in accordance with the procedure of second instance.
A judgment or ruling; If a people's court at a higher level brings a lawsuit in accordance with the procedure of trial supervision, it shall try it in accordance with the procedure of second instance, and the judgment or ruling made shall become legally effective.
When trying a retrial case, the people's court shall form a collegial panel separately.
Complaints are citizens' rights, but they also need to be dealt with strictly on the basis of relevant laws and regulations. Do not meet the appeal conditions, can not handle the appeal. Under specific circumstances, you can hire a lawyer to identify related matters, or you can apply for a retrial in the case of the final trial of the second instance.
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