The case for retrial of remanded, can increase the claim

Retrial procedure is to start on the case to trial in accordance with the provisions of law, the parties may in the case for retrial to increase or reduce the claim or counterclaim lawsuit, civil rules of evidence and no clear provisions shall not apply to the case for retrial, retrial shall, in accordance with the stipulations of judicial interpretation to the parties to re set the time limit for adducing evidence. Within the specified time period, the increase in litigation request, to meet the needs of parties to collect evidence, the court should re specified time limit for adducing evidence. As for the plaintiff litigation request should increase with the original claim joinder, should mainly consider whether the same plaintiff against the same defendant in the same suit additional litigation request, the court has no jurisdiction to increase litigation request, the merger trial will cause hearing of the originating litigation request delay and other factors. If the plaintiff in the trial of increasing request and original claim in nature, and the proceedings will not lead to litigation delay, the court shall adjudicate, in order to save the cost of litigation, save litigation resources

A division of the Supreme People's court civil opinion think: retrial for a new trial procedure, the plaintiff can reduce litigation request, can also increase the litigation request, including the original trial took place after the expiration of the period of burden of proof in lawsuit request, but the increased litigation request and shall have the same litigation request properties. The new provisions shall apply to claims of time limit for adducing evidence. To increase the litigation request hearings should be with the original joinder of claims.

One, the legal basis

1, "Civil Procedure Law" article 153rd the people's Court of second instance cases on appeal, after hearing, according to the following circumstances, respectively:

(a) in the original judgment, the correct application of law, dismiss the appeal decision, upheld the original verdict;

(two) the original judgment error in the application of the law, the judgment shall be amended according to;

Three.The original judgment error of fact, or the original judgment facts unclear, insufficient evidence, rescind the original judgment, the people's court remanded retrial, or find out the facts adjudged;

(four) the original judgment in violation of legal procedures, may affect the correct judgment of the case, ruled that the revocation of the original sentence, the people's court remanded. The parties to the case for retrial judgment, ruling, can appeal.

2, the "PRC Civil Procedure Law" (hereinafter referred to as the "Civil Procedure Law" provisions of article 126th):"The plaintiff claims to increase, the defendant files a counterclaim, the third party claims related to the case litigation request, may adjudicate".

3, the Supreme People's court "some issues concerning the application of" the PRC Civil Procedure Law > opinions "(hereinafter referred to as the" civil ") the provisions of article 156th:"In the case, the court debate before the end of,The plaintiff claims to increase, the defendant files a counterclaim, the third party claims related to the case litigation request, can be handled together, the people's court shall adjudicate." 　

4, "the Supreme People's Court on civil procedure rules of evidence", the provisions of the period for litigation request. "Rules of evidence" thirty-fourth paragraph third: "the parties to increase, modify the claim or counterclaim, should put in evidence before the expiration of the term." proof period before the trial, litigation request change naturally should is in trial, but not in the trial or hearing after the. After the said expiration date, is not allowed to increase, modify the claim of the parties, unless the judicial interpretation of the provisions of article thirty-fifth exceptions.

"The provisions of article thirty-fifth" rules of evidence, procedure, validity of the legal relationship between the parties claim or the nature of civil action with the people's court according to the facts of the case made inconsistent, not subject to the restrictions prescribed in article thirty-fourth, the people's court shall inform the parties may modify the claim. The alteration of the parties litigation request, the people's court shall re specified time limit for adducing evidence.

5, the Supreme People's court interpretation of several issues concerning the application of the "PRC Civil Procedure Law" the procedure for trial supervisionArticle thirty-thirdThe people's court shall within specific retrial request scope or retrial cases in protest parties within the support request. Beyond the range increased, change the parties litigation request, does not belong to the scope of trial. But to national interests, social public interests, or the parties in the litigation has legally requirements increase, modify the claim, except the trial and not objectively cannot form the other lawsuits.The retrial ruled that the revocation of the original sentence, after remand, the increased litigation request, the people's court in accordance with the provisions of the Civil Procedure Law shall be handled 126th.("Civil Procedure Law" article 126th the plaintiff claims to increase, the defendant files a counterclaim, the third party claims related to the case litigation request, may be tried together.)

Two, the conclusion

To sum up, in the civil action rehearing stage, according to the procedure of first instance trial, the plaintiff can increase the burden of proof in proceedings before the expiration of the term of the request, the plaintiff claims to increase, the court may decide the merger trial.