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Notice of the Trial Supervision Tribunal of the Supreme People's Court on Issuing the Opinions on Several Concrete Procedural Issues concerning the Trial of Civil and Administrative Protest Cases [Expired]
最高人民法院审判监督庭印发《关于审理民事、行政抗诉案件几个具体程序问题的意见》的通知 [失效]
【法宝引证码】

 
Notice of the Trial Supervision Tribunal of the Supreme People's Court on Issuing the Opinions on Several Concrete Procedural Issues concerning the Trial of Civil and Administrative Protest Cases 

最高人民法院审判监督庭印发《关于审理民事、行政抗诉案件几个具体程序问题的意见》的通知


(No. 11 [2003] of the Trial Supervision Tribunal of the Supreme People's Court, October 15, 2003)
 
(2003年10月15日 法审[2003]11号)


The higher people's courts of all provinces, autonomous regions and municipalities directly under the Central Government; the Military Court of the People's Liberation Army; and the Production and Construction Corps Branch of the Higher People's Court of Xinjiang Uygur Autonomous Region:
 
各省、自治区、直辖市高级人民法院、解放军军事法院、新疆维吾尔自治区高级人民法院生产建设兵团分院:

Upon consent of the leaders of the Supreme People's Court in principle, the Opinions on Several Concrete Procedural Issues concerning the Trial of Civil and Administrative Protest Cases are hereby issued to you for your reference and implementation. Please report in a timely manner any new issues arising during the implementation to this Tribunal.
 
经院领导原则同意,现将《关于审理民事、行政抗诉案件几个具体程序问题的意见》印发给你们,供参照执行。执行中发现新的问题,请及时报告我庭。

Opinions on Several Concrete Procedural Issues concerning the Trial of Civil and Administrative Protest Cases
 
关于审理民事、行政抗诉案件几个具体程序问题的意见

The Several Opinions of the Civil and Administrative Procuratorial Department of the Supreme People's Procuratorate on the Handling of Withdrawal of Civil and Administrative Protests Cases by the People's Procuratorates have provided provisions for certain circumstances under which a protest may be withdrawn by the people's procuratorate before the people's court makes a ruling on retrial of a civil or administrative protest case. Upon deliberation and after soliciting the opinions of the Case Acceptance Tribunal, the Third Civil Division, the Fourth Civil Division, the Administrative Division and the Enforcement Work Office of this Court and the Civil and Administrative Procuratorial Department of the Supreme People's Procuratorate, we hereby put forward the following opinions on the handling of such circumstances after the people's court has made a ruling on retrial of a civil or administrative protest case as the party concerned applies for withdrawal of appeal, a settlement is reached, the party changes or the party refuses to appear in court for response, etc.:
 
最高人民检察院民事行政检察厅《关于人民检察院办理民事行政案件撤回抗诉的若干意见》,对于人民检察院在人民法院对民事、行政抗诉案件作出再审裁定书前,撤回抗诉的几种情形作出了规定。经研究并征求本院立案庭、民事审判第三庭、民事审判第四庭、行政审判庭、执行工作办公室、最高人民检察院民事行政检察厅意见,现就人民法院对民事、行政抗诉案件裁定再审后,出现当事人申请撤回申诉、达成和解协议、主体发生变化、拒不出庭应诉等情形,提出以下处理意见:

 
I. Where, after the people's court makes a retrial ruling, the party filing the appeal with the people's procuratorate applies in writing for withdrawal of the appeal, the people's court shall make a ruling to close the retrial. However, if the people's procuratorate files the protest on the ground that the effective ruling damages national interest or public interest, the people's court shall continue retrial in accordance with law and make a timely judgment on retrial.   一、人民法院裁定再审后,向人民检察院申诉的当事人书面申请撤回申诉,人民法院应当裁定终结再审诉讼。如果人民检察院是以生效裁判损害国家利益或者社会公共利益为由提出抗诉的,应当依法继续审理,及时作出再审裁判。

 
II. Where, after making a ruling on retrial of a civil protest case or administrative compensation protest case, the people's court finds that a settlement has been agreed upon by the parties concerned and the settlement has been completely performed, the people's court shall make a ruling to close the retrial.   二、人民法院对民事抗诉案件、行政赔偿抗诉案件裁定再审后,发现双方当事人达成和解协议,且履行完毕的,应当裁定终结再审诉讼。

If the settlement has not been performed or completely performed, the people's court may issue a civil mediation paper or an administrative compensation mediation paper according to the contents of the settlement agreed upon by both parties, and serve the civil mediation paper or the administrative compensation mediation paper on both parties according to law.
......
 
和解协议尚未履行或者未履行完毕的,人民法院可以根据双方当事人达成和解协议的内容制作民事调解书或者行政赔偿调解书,并依法送达双方当事人。
......

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