The court may dismiss the prosecution of the procuratorate. There will be no case of "rejecting the prosecution of the procuratorate" except for the handling result of the criminal case of public prosecution. The court may postpone the trial, convict and acquit, and allow the procuratorate to withdraw its protest. If the application for retrial of the second instance is rejected, and it meets the statutory circumstances, it may make procuratorial suggestions or protest to the people's procuratorate according to law within the statutory time limit. The people's procuratorate shall, within three months, examine the application of the parties concerned and make a decision on whether to put forward procuratorial suggestions or protest. The parties may not apply to the people's procuratorate for procuratorial suggestions or protests again.

Conditions of protest:

1. There is new evidence enough to overturn the original judgment or ruling;

2. The basic facts identified in the original judgment or ruling lack evidence to prove;

3. The main evidence of the facts ascertained in the original judgment or ruling is forged;

4, the original judgment or ruling found that the main evidence of the facts without cross examination;

5, the main evidence needed for the trial of the case, the parties can not collect their own due to objective reasons, a written application to the people's court for investigation and collection, the people's court did not investigate and collect;

6. The original judgment or ruling was wrongly applied by law;

7, the composition of the judicial institution is illegal or the judges who should be avoided according to law have not avoided;

8. The person without capacity for litigation has no legal representative, or the party who should participate in the litigation does not participate in the litigation due to reasons not attributable to him or his agent ad litem;

9, in violation of the law, depriving the parties of the right to debate;

10, judgment by default without summons;

1 1. The original judgment or ruling omitted or exceeded the claim;

12. The legal document on which the original judgment or ruling was based has been revoked or changed;

13, the judge was guilty of corruption, bribery and perverting the law when trying this case.

Materials for submitting the application:

1. Complaint: The complainant's mailing address, postal code and telephone number should be stated in the complaint. The reasons for appeal shall be aimed at the effective judgments and orders of the court, and shall specify the problems existing in the determination of facts, the application of laws and the trial procedures of the people's courts. If the complainant is a natural person, the complainant shall sign in person. If the complainant is a legal person or organization, it shall be personally signed by the legal representative or person in charge and stamped with the seal of the legal person or organization;

2, the people's court of first instance and second instance judgment (copy);

3. Relevant evidential materials;

4. If there is an entrusted agent, a power of attorney shall be submitted.

Legal basis: Article 2 16 of the Civil Procedure Law of People's Republic of China (PRC).

Under any of the following circumstances, the parties may apply to the people's procuratorate for procuratorial suggestions or protests:

(a) the people's court rejected the application for retrial;

(two) the people's court fails to make a ruling on the retrial application within the time limit;

(3) There are obvious errors in the retrial judgment or ruling.

The people's procuratorate shall, within three months, examine the application of the parties concerned and make a decision on whether to put forward procuratorial suggestions or protest. The parties may not apply to the people's procuratorate for procuratorial suggestions or protests again.