Xi Anhesheng Phase II property is rampant and nobody cares?

Constitution is the fundamental law of the country. Article 4 1 of the Constitution stipulates that any state organ or state functionary has the right to lodge a complaint, accusation or report to the relevant state organ for illegal or dereliction of duty. From the constitutional level, it is required to protect citizens' right to appeal from infringement.

Appeal and application for retrial are different in time requirements, evidence requirements and requirements for the respondent. It is easier to appeal, but the relief efficiency is not high; It is relatively difficult to apply for retrial, but if the case is really wrong, it is possible to correct it.

In the second aspect, the application for retrial in the procedural law is discussed. There are too many contents, so let me briefly introduce them.

Second, procedural law.

The time limit for applying for retrial in civil cases and administrative cases is 6 months, and for criminal cases, it is 2 years after the execution of punishment.

Article 199 of the Civil Procedure Law stipulates that if a party considers that a legally effective judgment or ruling is wrong, it may apply to the people's court at the next higher level for retrial. Reasons: new evidence, factual errors, legal errors, violation of legal procedures, etc.

Article 90 of the Procedural Law stipulates that if a party considers that a legally effective judgment or ruling is indeed wrong, it may apply to the people's court at the next higher level for retrial. Reasons: new evidence, legal errors, illegal procedures, etc.

Article 24 1 of the Criminal Procedure Law stipulates that the parties concerned, 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. Reasons: new evidence, insufficient evidence, legal errors, illegal procedures, etc. Pay special attention to the fact that the general penalty is proposed within two years after execution. If it has been more than two years, it should be accepted in three situations: first, it may be innocent, second, the complaint has not been accepted, and third, it is a difficult, major and complicated case.

Third, the civil service law.

Article 90 of the Civil Service Law stipulates that if a civil servant refuses to accept the decision on personnel handling, he may appeal after examination or directly appeal without examination.