FAQ— Litigation and Dispute Resolution
Q: when will a judgment come into effect
A: A judgment of first instance will come into effect if no party appeals to the court of higher level within time limitation.
A judgment made by the tribunal of second instance will come into effect immediately.
Q: What kind of remediation actions can be taken if not satisfied with an effective judgment?
A: It can be done through procedure for trial supervision.
1. If a party to an action considers that there is error in a legally effective judgment or written order, he may apply to the court which originally tried the case or to a court at the next higher level for a retrial; this application shall be submitted within 2 years after the effective judgment. However, execution of the judgment or order shall not be suspended. If an application made by a party meets any of the following conditions, the court shall retry the case.
(1) there is sufficient new evidence to set aside the original judgment or written order;(2) the main evidence on which the facts were ascertained in the original judgment or written order was insufficient;(3) there was definite error in the application of the law in the original judgment or written order;(4) there was violation by the people’s court of the legal procedure which may have affected the correctness of the judgment or written order in the case;(5) the judicial officers have committed embezzlement, accepted bribes, done malpractices for personal benefits and perverted the law in the adjudication of the case.The court shall reject the application that meets none of the conditions specified above.
2. Any party can apply to procuratorate for a protest. Cases in which protest was made by the procuratorate shall be retried by the court. If the Supreme Procuratorate finds that a legally effective judgment or written order made by a people’s court at any level involves any of the following circumstances, or if a procuratorate at a higher level finds that a legally effective judgment or written order made by a people’s court at a lower level involves any of the following circumstances, the Supreme Procuratorate or the procuratorate at a higher level shall respectively lodge a protest in accordance with the procedure for trial supervision:
(1) the main evidence for ascertaining the facts in the previous judgment or written order was insufficient; (2) there was a definite error in the application of the law in the previous judgment or written order;(3) there was violation by the people’s court of the legal procedure which may have affected the correctness of the judgment or written order;(4) the judicial officers have committed embezzlement, accepted bribes, done malpractice for personal benefits and perverted the law in the trial of the case.
3. Any party can submit complaint to the president of the court which made the effective judgment. If the president of a court at any level finds definite error in a legally effective judgment or written order of his court and deems it necessary to have the case retried, he shall refer it to the judicial committee for discussion and decision.
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