民事诉讼法(81)

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2014-11-14 10:02

民事诉讼法(81)

发生法律效力的判决、裁定是由第二审法院作出的,按照第二审程序审理,所作的判决、裁定,是发生法律效力的判决、裁定;
"if the legally effective judgment or written order was made by a court of second instance, the case shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective; "

上级人民法院按照审判监督程序提审的,按照第二审程序审理,所作的判决、裁定是发生法律效力的判决、裁定。
"if it is a case which was brought up for trial by a people's court at a higher level, it shall be tried in accordance with the procedure of second instance, and the new judgment or written order shall be legally effective."

人民法院审理再审案件,应当另行组成合议庭。
The people's court shall form a new collegial panel for the purpose of the retrial.

第一百八十五条 最高人民检察院对各级人民法院已经发生法律效力的判决、裁定,上级人民检察院对下级人民法院已经发生法律效力的判决、裁定,发现有下列情形之一的,应当按照审判监督程序提出抗诉:
"Article 185 If the Supreme People's Procuratorate finds that a legally effective judgment or written order made by a people's court at any level involves any of the following circumstances, or if a people's procuratorate at a higher level finds that a legally effective judgment or written order made by a people's court at a lower level involves any of the following circumstances, the Supreme People's Procuratorate or the people's procuratorate at a higher level shall respectively lodge a protest in accordance with the procedure for trial supervision: "

(一)原判决、裁定认定事实的主要证据不足的;
(1) the main evidence for ascertaining the facts in the previous judgment or written order was insufficient;

(二)原判决、裁定适用法律确有错误的;
(2) there was a definite error in the application of the law in the previous judgment or written order;