民事诉讼法(82)

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2014-11-14 10:03

民事诉讼法(82)

(三)人民法院违反法定程序,可能影响案件正确判决、裁定的;
(3) there was violation by the people's court of the legal procedure which may have affected the correctness of the judgment or written order;

(四)审判人员在审理该案件时有贪污受贿,徇私舞弊,枉法裁判行为的。
"or (4) the judicial officers have committed embezzlement, accepted bribes, done malpractice for personal benefits and perverted the law in the trial of the case.

地方各级人民检察院对同级人民法院已经发生法律效力的判决、裁定,发现有前款规定情形之一的,应当提请上级人民检察院按照审判监督程序提出抗诉。
"If a local people's procuratorate at any level finds that a legally effective judgment or written order made by a people's court at the corresponding level involves any of the circumstances specified above, it shall refer the matter to the people's procuratorate at a higher level with the request that a protest be lodged by the latter in accordance with the procedure for trial supervision."

第一百八十六条 人民检察院提出抗诉的案件,人民法院应当再审。
Article 186 Cases in which protest was made by the people's procuratorate shall be retried by the people's court.

第一百八十七条 人民检察院决定对人民法院的判决、裁定提出抗诉的,应当制作抗诉书。
"Article 187 When a people's procuratorate decides to lodge a protest against a judgment or written order made by a people's court, it shall make the protest in writing."