[Inspection and answer network collection -87] Can the procuratorial organs accept the parties to apply for supervision?

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Can the procuratorial organs

Accept the parties to apply for supervision again

Consultation category: civil prosecution

Consultation content: Article 27 of the "Regulations on the Supervision of the People's Procuratorate" stipulates that the parties apply to the People's Procuratorate for supervision in accordance with the provisions of Article 209, paragraph 1, paragraph 1 of the Civil Procedure Law. The seven items were "civil judgments, rulings, and mediations were made by the people's courts in accordance with the people's procuratorate's protest or retrial procuratorial proposal." If the parties are counterclaimed when the civil judgment is made, the court will trial the complaint with the counterclaim in accordance with the law, and whether the procuratorial organs can accept it.

Consultant: Hu Mingyi, Procuratorate of Xinjiang Uygur Autonomous Region

Answer Expert Yan Liangwei: Whether this complaint or counterclaim should not be accepted. If it has been accepted, the review should be terminated. Reasons: According to Article 209, paragraph 2 of the Civil Procedure Law, the People's Procuratorate shall apply for retrial prosecution proposals or protests on the resubult prosecution in accordance with the parties' supervision application. If the court makes a retrial judgment in accordance with the law, both parties cannot apply for supervision on the retrial referee. If the people's procuratorate finds that the referee of the retrial is indeed wrong, it may follow up in accordance with the relevant regulations of the People's Procuratorate's Civil Procedure Supervision Rules.

(Prosecutor's Daily)

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