​Trial supervision in the Chinese legal system

Trial supervision in the Chinese legal system
 
Trial supervision is a mechanism in the Chinese legal system that allows mistakes in judgments, decisions, or settlements to be examined and remedied. Whenever a judge finds a mistake in a final judgment, decision, or settlement, they may refer the matter to a judicial committee for additional consideration. Similarly, if a party considers that a final decision or verdict included a mistake, they may petition the higher court for a retrial.
 
If there is new evidence that can overturn the original decision, if there was insufficient evidence to support the decision, if the main evidence was forged or not cross-examined, if the case requires significant evidence that the party cannot collect on their own, if the decision violated the law, if the trial was not conducted properly, if there was no legal representation for a party without capacity or they could not participate for any other reason, the retrial process is triggered.
 
 
If a party wishes to request a retrial, they must do so within six months after the verdict or the ruling's legal force. The court will consider the application within three months and either grant or deny the retrial. In certain situations, the court may need to extend the review term with the court president's consent.
 
A new panel of judges conducts the retrial, and the retrial result is appealable by the parties concerned. Settlements that breach the principle of voluntariness or contradict the law are also subject to the retry procedure.
 
The People's Procuratorate, which is in charge of legal oversight, has the authority to submit a protest against final verdicts, decisions, or settlements that contravene the law or are harmful to the public interest. Similarly, a party may submit a complaint with the People's Procuratorate if they consider the court denied their retrial application without reason or if the retrial judgment contains evident flaws. The People's Procuratorate may additionally examine and verify the pertinent facts if required.
 
Ultimately, the retrial procedure is an important aspect of the Chinese legal system since it allows parties to seek justice and assures that the court system is fair.