1. Submit a complaint: submit a complaint to the local grassroots people's court and submit relevant evidential materials. The complaint shall include the basic information of the complainant, the facts and reasons of the case, the legal basis and other contents;
2. Examination and acceptance: The basic people's court shall examine the complaint, and if it meets the statutory conditions, it shall immediately accept it, transfer it to a higher court for trial, and notify the complainant and the respondent at the same time;
3. Handling result: The higher court hears the complaint according to law and makes the handling result. If the appeal is upheld, the higher court may revise or cancel the original judgment; If the appeal is not supported, the original judgment shall be upheld;
4. Final result: If you still refuse to accept the appeal result, you can apply to the Supreme People's Court for retrial. The Supreme People's Court will hear the case according to law and make a final judgment.
Cases of retrial dissatisfaction include the following:
1. The facts of the case are unclear: if the parties think that the facts of the original judgment case are unclear or the evidence is insufficient, resulting in the wrong judgment result, they may apply to the higher court for retrial;
2. Error in the application of law: The parties think that the original judgment is wrong in the application of law, which leads to the wrong judgment result, and may apply to a higher court for retrial;
3. Criminal responsibility should be investigated but not investigated: the parties think that the original judgment did not investigate the behavior that should be investigated for criminal responsibility, which led to the wrong judgment result, and they can apply to a higher court for retrial;
4. There is new evidence: after the original judgment is made, if the parties obtain new evidence, they may apply to a higher court for retrial.
To sum up, lodging a complaint with the Supreme People's Court is a legal remedy, but it is not applicable to all cases, and it is generally applicable to cases where the trial procedure and judgment result are obviously illegal.
Legal basis:
Article 2 14 of the Civil Procedure Law of People's Republic of China (PRC).
If a case is retried by the people's court in accordance with the procedure of trial supervision, the court of first instance shall make a legally effective judgment or ruling, and the case shall be tried in accordance with the procedure of first instance, and the parties concerned may appeal against the judgment or ruling made; A legally effective judgment or ruling shall be made by the court of second instance and tried in accordance with the procedure of second instance. The judgment or ruling made is a legally effective judgment or ruling; If a people's court at a higher level brings a lawsuit in accordance with the procedure of trial supervision, it shall try it in accordance with the procedure of second instance, and the judgment or ruling made shall become legally effective.
When trying a retrial case, the people's court shall form a collegial panel separately.