民事诉讼法(69)

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2014-11-6 10:25

民事诉讼法(69)

(四)原判决违反法定程序,可能影响案件正确判决的,裁定撤销原判决,发回原审人民法院重审。
"or (4) if there was violation of legal procedure in making the original judgment, which may have affected correct adjudication, the judgment shall be set aside by a written order and the case remanded to the original people's court for retrial. "

当事人对重审案件的判决、裁定,可以上诉。
The parties concerned may appeal against the judgment or written order rendered in a retrial of their case.

第一百五十四条 第二审人民法院对不服第一审人民法院裁定的上诉案件的处理,一律使用裁定。
Article 154 The people's court of second instance shall decide in the form of orders in writing all cases of appeal against the written orders made by the people's court of first instance.

第一百五十五条 第二审人民法院审理上诉案件,可以进行调解
"Article 155 In dealing with a case on appeal, a people's court of second instance may conduct conciliation. "

调解达成协议,应当制作调解书,由审判人员、书记员署名,加盖人民法院印章。
"If an agreement is reached through conciliation, a conciliation statement shall be made and signed by the judicial officers and the court clerk, with the seal of the people's court affixed to it."

调解书送达后,原审人民法院的判决即视为撤销。
"After the conciliation statement has been served, the original judgment of the lower court shall be deemed as set aside."