Fafa [2002] No. 13, promulgated the Supreme People's Court on October 9, 2004, and effective from November 1, 2004.

These Opinions are formulated in accordance with the Criminal Procedure Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and the Administrative Procedure Law of the People's Republic of China for the purposes of strengthening trial and supervision and regulating the initiation of cases for retrial. 

Article 1 With regard to a final judgment made by a people's court at any level, a special people's court or a people's court at a lower level, where the people's court at any level or the special people's court or the people's court at a higher level believes, upon review, that such final judgment meets the requirements of initiation of a case for retrial, it shall be decided to conduct a retrial or to render a decision on retrial.

Where a people's procuratorate lodges a protest against a final judgment rendered by a people's court in accordance with the law, the case shall be initiated for retrial.

Article 2 A local people's court at any level or a special people's court is responsible for initiating the following cases for retrial: 

(1) Cases in which the final judgment rendered by the people's court concerned meets the requirements of initiating a case for retrial; 

(2) Cases in which the rejection of a judgment after review, or amendment of a judgment after retrial, by the next lower level people's court meets the requirements of initiating a case for retrial; 

(3) Cases in which a higher level people's court instructs the people's court to conduct a retrial; or

(4) Cases in which a people's procuratorate lodges a protest in accordance with the law.

Article 3 The Supreme People's Court is responsible for initiating the following cases for retrial: 

(1) Cases in which the final judgment rendered by the court concerned meets the requirements of initiating a case for retrial; 

(2) Cases in which the rejection of a judgment after review, or amendment of a judgment after retrial, by a high people's court meets the requirements of initiating a case for retrial; 

(3) Cases in which the Supreme People's Procuratorate lodges a protest in accordance with the law; or

(4) Cases which the Supreme People's Court believes should be tried by itself.

Article 4 Where a people's court at a higher level deems it necessary to initiate a case for reexamination regarding a judgment or ruling rendered by a people's court at a lower level, it may do so. Where a people's court at a higher level believes, upon reexamination, that the case concerned meets the requirements of being initiated for retrial, it may decide to conduct a retrial or render a decision on retrial.

Article 5 Where an applicant applies to a people's court for retrial, the following materials shall be submitted: 

(1) The application for retrial, which clearly states the basic information of the parties concerned, and the facts and grounds on which the application for retrial is based; 

(2) Judicial documents such as the original first and second instance written rulings or judgments, together with the rejection notice, written judgment or ruling of the retrial after it is reexamined or retried by a people's court; 

(3) The list of evidence, list of witnesses and photocopies or photos of major evidence attached at the same time if the retrial is applied for on the grounds that there is new evidence  showing that the facts ascertained in the original judgment or ruling contain a definite error; the clues of the evidence attached if investigation and collection of evidence by the people's court is required; 

Where the application for retrial fails to comply with the provisions of the preceding paragraph, the people's court shall not conduct the examination.

Article 6 The application for retrial generally shall be examined and handled by the people's court of last resort. 

Where the application for retrial has not been examined by the people's court of last resort, the people's court at the next higher level shall deliver the application for examination by the people's court of last resort; where the application is filed after being examined and handled by the people's court of last resort, the people's court at the next higher level shall accept the application. 

Where the application is directly filed with a people's court at a higher level without being examined or handled by the people's court of last resort or the people's court at the next higher level, the people's court at a higher level shall deliver the application for handling by the people's court at the next lower level thereof.

Article 7 Where a petition against a final-instance criminal judgment falls under any of the following circumstances, a people's court shall render a decision for retrial:

(1) There is evidence that is not collected or admitted during the trial, which is likely to overrule the original crime conviction;

(2) The main evidence is not sufficient or does not have probative force; 

(3) The major factual basis for the original judgment has been modified or cancelled in accordance with the law; 

(4) The main evidence on which the crime conviction is based is self-contradictory;

(5) There is an error in the reference to the laws or invalidated laws are applied in violation of the provisions of Article 12 of the Criminal Law;

(6) The provisions of law on retroactive effect are violated; 

(7) Crime conviction is obviously inappropriate;

(8) The trial procedure is unlawful, which has affected the impartial adjudication of the case; or 

(9) The judicial officers, when trying the case, solicit or accept bribes, or commit malpractice for personal gains, which has resulted in a violation of the law in making judgment.

Article 8 Where an application for retrial with respect to a final civil judgment or mediation has any of the following circumstances, a people's court shall render a decision for retrial: 

(1) There is evidence that the retrial applicant did not know or was unable to present before and that is likely to overrule the original judgment; 

(2) The main evidence is not sufficient or does not have probative force; 

(3) The major factual basis for the original judgment has been modified or cancelled in accordance with the law; 

(4) With respect to the same legal fact or legal relationship, there are two effective legal documents that are contradicting, and the retrial applicant files an application for a retrial against the legal document that became effective later; 

(5) There is an error in reference to the laws or law that is invalidated or has not become effective is applied; 

(6) The provisions of law on retroactive effect are violated; 

(7) The mediation agreement obviously violates the principle of voluntariness, and the contents thereof violate the laws and damage the interests of the State, public interests and the lawful rights and interests of others; 

(8) The trial procedure is unlawful, which has affected the impartial adjudication of the case; or 

(9) The judicial officers, when trying the case, solicit or accept bribes, or commit malpractice for personal gains, which has resulted in a violation of the law in making judgment.

Article 9 Where a petition against a final-instance administrative judgment falls under any of the following circumstances, a people's court shall render a decision for retrial:

(1) A case shall be accepted but is not accepted or is rejected; 

(2) There is new evidence that is likely to change the original judgment;

(3) The main evidence is not sufficient or does not have probative force; 

(4) The major factual basis for the original judgment has been modified or cancelled in accordance with the law; 

(5) There is an error in the reference to the laws or invalidated laws or laws that have not come into force are applied;

(6) The provisions of law on retroactive effect are violated; 

(7) The administrative compensation mediation agreement violates the principle of voluntariness, and the content runs contradictory to the laws or harms the interest of the State, public interest or the interest of others;

(8) The trial procedure is unlawful, which has affected the impartial adjudication of the case; or 

(9) The judicial officers, when trying the case, solicit or accept bribes, or commit malpractice for personal gains, which has resulted in a violation of the law in making judgment.

Article 10 A people's court shall accept the petition filed by the petitioner of a criminal case within two years after the execution of the penalty is completed. A petition filed in more than two years shall be accepted if it falls under any of the following circumstances:

(1) The original-instance defendant is likely to be declared innocent after retrial;

(2) The people's court refused to accept the petition filed by the defendant within the time limit specified herein; or

(3) The case is of a difficult, complicated and significant nature.

A people's court shall not accept a petition that does not meet the provisions of the preceding paragraph.

Article 11 If a people's court lodges a petition only against the civil part of a civil action incidental to the criminal action, a retrial case shall generally not be initiated, except that there is evidence to prove the civil part obviously involves inappropriate acts and the original-instance defendant has the compensation ability.

Article 12 A people's court shall refuse to accept an application for retrial or petition filed by a retrial applicant or petitioner against a civil or administrative case in more than two years.

Article 13 A people's court shall refuse to accept an application for retrial or a petition which does not meet the statutory subject qualification.

Article 14 A people's court shall refuse to accept an application for retrial of any of the following civil cases:

(1) A case tried by a people's court according to the urge and supervision procedure, the claim assertion public notice procedure, or the bankruptcy and debt payment procedure;

(2) A case in which a people's court has made a decision to cancel the arbitration award or not to enforce the performance of the arbitration award;

(3) A case in which a people's court has dissolved a marriage by judgment or mediation, except where a party applies for retrial on the issue of property division.

Article 15 If, with regard to an application for retrial or a petition, a people's court at the next higher level of the court of last resort has sustained the original judgment after trial according to the adjudication supervision procedure, or if the people's courts at the two levels have rejected the application for retrial after examination in accordance with the adjudication supervision procedure, a people's court at a higher level shall generally refuse to accept it. 

However, where the applicant for retrial or the petitioner presents new grounds and the application meets the requirements provided in Article 204 of the Criminal Procedure Law of the People's Republic of China, Article 179 of the Civil Procedure Law of the People's Republic of China, Article 62 of the Administrative Procedure Law of the People's Republic of China and Articles 7, 8 and 9 of these Opinions, or if the first-instance defendant of a criminal case is likely to be declared innocent, an exception shall be made.

Article 16 With regard to a case for which the Supreme People's Court has made a retrial judgment or is rejected by the Supreme People's Court upon review, the retrial applicant or petitioner is still dissatisfied and files another retrial or petition application, the application shall not be accepted.

Article 17 These Opinions shall become effective as of November 1, 2002. If any previous provisions on initiation of cases for retrial are not consistent with these Opinions, these Opinions shall prevail.

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最高人民法院关于规范人民法院再审立案的若干意见(试行)

*The original text is Chinese and has been translated into English for reference only. If there is any inconsistency or ambiguity between the Chinese version and the English version, the Chinese version shall prevail.