Meaning
Official judicial notices issued by the Supreme People’s Court of China signal the start of a formal review of a previously decided case. A retrial acceptance letter is the document that confirms the court has agreed to examine a petition for a retrial of a final civil or administrative judgment. This is a rare procedural step in Chinese litigation.
Judicial Review
Litigants must satisfy strict statutory grounds to convince the court to issue this notice. The retrial acceptance letter indicates that the petitioner has presented a prima facie case of a major error in the original judgment. This error can relate to the application of law or the discovery of new evidence.
Procedural Effect
Receiving this notice does not automatically mean the original judgment will be reversed. Instead, the retrial acceptance letter triggers a formal review process where the court will re-examine the case file and hear arguments from both parties. This process can take several months to complete.
Execution Suspension
The petition process does not automatically stop the enforcement of the original court order. However, once the retrial acceptance letter is issued, the petitioner can request the court to suspend the execution of the judgment pending the outcome of the retrial. This is a necessary remedy for foreign parties facing immediate enforcement actions.
The court will evaluate the request based on the risk of irreparable harm and the merits of the case.
