Resolution of Economic Disputes: litigation
Resolution of Economic Disputes: litigation
(III) Trial supervision procedure
The trial supervision procedure, also known as the retrial procedure, refers to a special procedure in which the individuals and entities with the power of trial supervision makes a decision on the retrial of a case if they discover that there is an error in a decree or an order that has legally taken effect. According to the Civil Procedure Law, if the president of a people's court discovers any definite error in a decree or an order that has legally taken effect and believe that a retrial is necessary, they shall submit the case to the judicial committee to make a decision after deliberation. If the Supreme People's Court or a superior people's court discovers any definite error in a decree or an order of a local people's court or an inferior people's court, as the case may be, they have the right to exercise jurisdiction over the case for retrial or remand the case for a retrial.
If a party believes that there is an error in a decree or an order that has legally taken effect, they may file a petition for retrial to the trial court or the people's court at the next higher level; provided, however, that the execution of the decree or order shall not be suspended. If a party provides evidence to prove that a consent decree that has legally taken effect was reached against their free will or the content of the consent decree violates the law, they may file a petition for retrial.
Robert Zhang 
Steve Li 