中华人民共和国民事诉讼法 29

第一百八十一条 当事人对已经发生法律效力的解除婚姻关系的判决，不得申请再审。

"Article 181 With respect to a legally effective judgment¹ on dissolution of marriage, neither of the two parties shall apply for a retrial."

 

第一百八十二条 当事人申请再审，应当在判决、裁定发生法律效力后二年内提出。

Article 182 Application for a retrial made by a party must be submitted within two years after the judgment or written order becomes legally effective.

 

第一百八十三条 按照审判监督程序决定再审的案件，裁定中止原判决的执行。裁定由院长署名，加盖人民法院印章。

"Article 183 When a decision is made to retry a case in accordance with the procedure for trial supervision², the execution of the original judgment shall be suspended by a written order which shall be signed by the president of the court with the seal of the people's court affixed³ to it."

 

第一百八十四条 人民法院按照审判监督程序再审的案件，发生法律效力的判决、裁定是由第一审法院作出的，按照第一审程序审理，所作的判决、裁定，当事人可以上诉；

"Article 184 With respect to a case pending⁴ retrial by a people's court in accordance with the procedure for trial supervision, if the legally effective judgment or written order was made by a court of first instance, the case shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal against the new judgment or order; "

 

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 Supreme⁵ 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 lodge⁶ 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 ascertaining⁷ the facts in the previous judgment or written order was insufficient⁸;

 

（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;

 

（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 violation⁹ by the people's court of the legal procedure which may have affected¹⁰ 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 judicial¹¹ officers have committed embezzlement¹², accepted bribes¹³, done malpractice for personal benefits and perverted¹⁴ 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 specified¹⁵ above, it shall refer the matter to the people's procuratorate at a higher level with the request that a protest be lodged¹⁶ 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."

 

第一百八十八条 人民检察院提出抗诉的案件，人民法院再审时，应当通知人民检察院派员出席法庭。

"Article 188 The people's court shall, in retrying a case in which protest was lodged by a people's procuratorate, notify the procuratorate to send representatives to attend the court session."

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