If the people's court sends the case back for retrial, the court's retrial process shall be based on the procedures of the first instance:

1. The court accepts the retrial case, but the judge responsible for the trial must not be the original judge. The trial personnel must be reorganized into a collegial panel.

2. The court can also mediate retrial cases. If the parties do not agree to resolve the matter, the court will hold a hearing.

3. The court will notify the parties to the case three days before the hearing of the time, place and other information to appear in court for hearing the case.

1. Case acceptance

1. Case acceptance

1. All civil disputes with clear plaintiffs, defendants and specific litigation requirements that should be investigated and handled by the People's Court should be filed for handling.

2. People's courts shall not regard mediation and letters of introduction from grassroots organizations and relevant units as necessary conditions for accepting cases.

3. Where a case is filed, there should be an indictment or oral transcript of the parties concerned.

4. Simple disputes and general letters and visits may not be filed, but they must be registered for future reference after being handled.

5. If a party entrusts another person to act as an agent in litigation, he or she shall issue a letter of attorney to the People's Court. If the authorization is oral, the written record shall be recorded and signed or sealed by the parties concerned. If the party concerned is a minor, a mentally ill person, or is unable to litigate in person due to physical defects, his or her parents, children, spouse, other guardian, or a person designated by the court shall act on his or her behalf.

2． Case jurisdiction

1. Civil cases are generally accepted by the people's court where the defendant has his or her permanent residence.

2. Cases where a non-military party files for divorce from a military member, or a spouse of a person whose work address changes frequently, files for divorce, shall be accepted by the people's court in the place where the plaintiff's household registration is located.

3. Divorce cases filed by the spouses of reform-through-labor prisoners, on-site (factory) employees, reeducation-through-labor personnel or people who migrate by themselves will also be accepted by the people's court in the place where the plaintiff's registered permanent residence is located.

4. When the two courts have different opinions on the acceptance of a case, they can resolve it through negotiation or be designated by their superior people's court.

5. If the lower people's court considers that the case accepted by it is serious or there are other special reasons that should be tried by the higher people's court, it may request for transfer.

6. The scope of first-instance civil cases accepted by people's courts at all levels is temporarily stipulated as follows:

(1) Basic people's courts accept:

Private prosecutions cases;

Cases brought to the court after unsuccessful mediation by grassroots organizations or relevant units;

Cases transferred to the people's court from other places that should be accepted;

The superior people's court and cases assigned by the revolutionary committee at the same level.

(2) The Intermediate People’s Court accepts:

Cases involving representatives of the people’s congresses of provinces, municipalities, and autonomous regions, members of the CPPCC, and celebrities within the province;

Foreign-related cases;

Cases within its jurisdiction that it believes should be handled directly by itself;

Cases assigned by the superior people's court and the revolutionary committee or administrative office at the same level.

(3) The Higher People’s Court accepts:

Cases involving representatives of the National People’s Congress, members of the Chinese People’s Political Consultative Conference, and celebrities nationwide;

within its jurisdiction Within the Constitution, it believes that cases should be handled directly by itself;

Cases assigned by the Supreme People's Court and revolutionary committees at the same level.

(4) The Supreme People's Court accepts:

cases that are under its jurisdiction under national laws and decrees and that it believes should be the first instance;

Cases assigned by the central government.

Civil cases initiated by the People's Procuratorate shall be accepted by the People's Court at the same level.

2. Preparatory work before trial

After the people's court accepts a case, it should designate a judge to be responsible for handling it. The hearing of first-instance cases, except for simple cases and those otherwise provided for by law, is conducted by a collegial panel composed of one judge and two people's assessors. People's assessors have the same rights as judges during the performance of their duties. The collegial panel is composed of judges who serve as presiding judges. When the president or division chief participates in the trial, he or she serves as the presiding judge. The clerk serves as record-keeper. Before the trial, the following tasks must be done:

1. Review whether the prosecution procedures are complete. For example: if the plaintiff fails to sign or seal the indictment or oral complaint transcript, a replacement should be issued; if the type and number of exhibits and attachments submitted do not match the indictment or oral complaint transcript, supplements and corrections should be made, etc. wait.

2． Give a copy of the indictment to the defendant, or inform the defendant of the plaintiff's demands and reasons, and file a defense within a time limit. Regardless of whether the defendant pleads guilty or not, the case still needs to be heard.

3． Inform parties of their litigation rights. For example: the right to use the native language to conduct litigation; the right to state and defend the facts of the case. If the parties cannot defend themselves, they can entrust relatives, guardians or other persons permitted by law to defend themselves; the right to provide witnesses and exhibits; the right to entrust The right to be represented in litigation by others; the right to request the recusal of judges and clerks, etc.

If a party requests the recusal of a judge, the president shall make a decision; if a party requests the recusal of a clerk, the presiding judge shall make a decision. No appeal is allowed against the decision rejecting the application for recusal.

If a judge or clerk believes that he or she has an interest or other relationship with the case and it is necessary to recuse himself or herself, he or she may take the initiative to put forward an opinion, which will be decided by the president or presiding judge respectively. The issue of the recusal of the president may be decided by the judicial committee of this court or reported to the superior people's court for decision.

3. Investigate the case and take preservation measures

1. After the judges or collegial panel members take over the case, they must go deep into the grassroots level and rely on the masses and the public on the basis of carefully reviewing the litigation materials. Grassroots organizations conduct investigation and research on the case.

2. Investigation and research must adhere to the mass line, seek truth from facts, adhere to the method of class analysis, listen to both positive and negative opinions, and avoid preconceptions, subjective assumptions, and partial beliefs. It is necessary to find out the facts of the case and the nature of the problem, and clearly distinguish between right and wrong.

The investigation should clarify the basic situation of the plaintiff and defendant, the time, place, cause, process, result of the dispute, the focus of the dispute between the two parties, and collect relevant evidence materials, opinions of the masses and grassroots unit leaders, etc. . The supporting materials and contradictory supporting materials provided by persons with interests in the parties must be carefully analyzed, checked, and verified.

3. Investigation of the parties, witnesses, related persons, informed people, units or grassroots organizations where the parties belong can be done through individual interviews or symposiums. It is necessary to do ideological work on the persons under investigation so that they can truthfully report the situation. The investigation situation shall be recorded by the investigator. If necessary, the person under investigation may produce written supporting materials. The investigation transcript should be checked, signed or stamped by the person under investigation. If the person under investigation refuses to sign or seal, this should be noted in the transcript. The investigator should also sign the investigation transcript and indicate the time and location of the investigation.

4. Some cases require on-site investigation or technical appraisal of physical evidence. When surveying the site, relevant personnel should be notified to arrive at the scene, and relevant units can be invited to send personnel to assist if necessary. The record of the survey site should indicate the time, location, survey situation, relevant departments and personnel participating in the survey, and ask for their signatures or seals. The appraisal opinion letter should be signed or stamped by the appraisal technician and stamped with the official seal of the unit.

5. If the parties, witnesses, or related parties are out of town and need to entrust the People's Court of their location to investigate on their behalf, they should put forward the investigation items and requirements in detail. The entrusted people's court should seize the time to handle the matter carefully and respond promptly.

6. During the trial of a case, if it is believed that the parties concerned are indeed likely to sell, squander, transfer or conceal the property related to the case, the people's court may rule to take action based on the request of one of the parties or ex officio. Preservation measures. Preservation measures can take the form of sealing, detaining, freezing, and providing cash and property guarantees. When property is seized, the parties involved or their family members should be notified to be present, and relevant personnel should be invited to witness the seizure. When sealing up, the daily necessities and working tools of the parties and their families shall not be seized. The seized property shall be counted and registered on the spot, and shall be signed or sealed by the parties concerned, their family members, and persons present. If any of the items seized and detained are not suitable for long-term storage, they may be sold off if necessary and the price retained. The above measures must be taken with caution, and serious ones should be reported to the party committee at the same level for approval.

7. For issues that need to be resolved urgently in certain cases, such as living expenses, alimony, alimony, etc., payment can be made in advance before judgment based on actual needs.

The party concerned may appeal against the ruling on the adoption of preservation measures and advance payment, but execution shall not be suspended due to appeal until the appeal trial People's Court revokes the ruling.

Legal basis:

"Civil Procedure Law of the People's Republic of China"

Article 198

If the presidents of the people's courts at all levels find errors in their legally effective judgments, rulings, or mediation documents and deem them necessary for retrial, they shall submit them to the judicial committee for discussion and decision. If the Supreme People's Court finds that there are indeed errors in the legally effective judgments, rulings, and mediation documents of local people's courts at various levels, and the people's courts at higher levels find errors in the legally effective judgments, rulings, and mediation documents of lower people's courts, it has the right to initiate a trial or Instruct the lower people's court to retry the case.