Retrial (再审) | Chinese Legal Glossary

WHAT 再审 MEANS

What 再审 means

Retrial is not an ordinary second appeal. A party must rely on recognized grounds and procedures, and applying for retrial does not generally suspend enforcement automatically.

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Why the role matters

Foreign parties should distinguish first-instance, appeal and retrial stages when evaluating finality, enforcement and settlement leverage.

CONTEXT

Where you see the term

ContextWhat it means there

Post-judgment reviewParty alleges a statutory retrial ground.

EnforcementMay continue unless separately stayed.

Supreme / higher court reviewForum depends on the procedural route.

TRANSLATION NOTE

文/A

Translation note

再审 is commonly “retrial” or “trial supervision procedure”. It does not mean a routine appeal.

AUTHORITY

Primary legal basis

PRIMARY AUTHORITY

PRC Civil Procedure Law, trial-supervision provisions

The law lists grounds and procedures for retrial of effective decisions.

The law lists grounds and procedures for retrial of effective decisions.

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ILLUSTRATIVE EXAMPLE

Example

After losing an appeal, a party finds significant new evidence and applies for retrial. The original judgment remains effective unless the law or court provides otherwise.

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