Law Hall: No Adjudication Ruling Can Be Applied For Retrial.

Application of the Supreme People's court

208th of the opinions on certain issues of the law stipulates: "the parties may apply for retrial if the ruling is not accepted or dismissed."

Mr. Wang renting a company's real estate, the company forced the demolition of housing without obtaining its consent.

As a lessee, Mr. Wang filed a lawsuit against the court. The court of first instance did not file a case and did not accept it.

The court of appeal was upheld to the court of second instance and the court of second instance upheld the original verdict.

Now Mr. Wang consulted the lawyer, can he apply for retrial?

Lawyer reply: Pan Qiang and Anna, the lawyer of the water hammer law firm, replied: the retrial procedure is the trial supervision procedure.

The procedure of adjudication supervision is characterized by supervision and remedies. Its main functions are: effective judgement, adjudication, and

There may be errors in dealing with the substantive rights and obligations of the parties concerned, and they should be corrected according to law and judicial relief.

Although the adjudication is a procedural ruling, it has a substantial impact on the substantive rights of the parties concerned.

If the adjudication is not correct, it will directly deprive the litigant's right to sue, resulting in the fact that the right of the body can not be legally remedied and protected.

A ruling on inadmissibility can be applied for retrial.

The reason why judicial interpretations make such a provision is that if we find that there is some mistake in the adjudication of the admissibility, there is no other remedy way, we can start the trial supervision procedure.

Therefore, Mr. Wang can apply for a retrial to the court at the next higher level.

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According to the newspaper, "double 11" shopping war, the express industry has ushered in the "big exam".

According to the prediction of postal administration, the number of express pieces handled by Guangzhou in from November 11th to 21st will exceed 100 million units for the first time.

However, the reporter received a news from friends, STO Guangzhou employees suspected of shutting down in November 13th, some of the express branches closed down, the reporter visited the two STO business point on 15, and saw the door closed.

The courier told reporters that nearly 1000 couriers stopped working because of a piecework imbalance. For example, a courier dispatched 1500 express deliveries in the month, but only 800 couriers were shown on wages. The staff felt very unjust, and decided to shut down after failing to communicate with the company.

However, STO hotline staff in Guangzhou told reporters by telephone that at present, the couriers were sent normally, and they did not receive a stop at a STO branch in Guangzhou or a courier.

If the wages of the couriers are monthly, the busiest November salary will be paid next month.

However, express staff know that during the "double 11" period, dozens of express delivery should be delivered every day, and the wages should be increased by one thousand or two thousand yuan over the normal month. They worry that there will be an unequal amount and large amount of items. Therefore, when the enterprise needs employees to work hard, they will "take" an enterprise, and will force the enterprise to respond to the demands of employees as soon as possible.

It is an effective way to eliminate disputes by communicating with employees and responding reasonably to workers' demands.

Of course, because employees are on the side of business management, because of the accumulation of suspicion and anxiety, they make public demands, and enterprises often have managers' "domineering", so they may not be calm when communicating.

Therefore, the communication between the two sides should have an intermediary, which is a trade union representing the interests of employees.

But the trade union needs to detect the first suspicion of suspicion on the staff. It represents the communication between employees and enterprises in order to find out the reasons for staff suspicion. It is a mistake or loophole in the management of enterprises, or is there a tort in the enterprise, or is there a one-sided understanding of the employees? The contradiction is resolved before the outbreak of the dispute, especially before the outbreak of mass incidents.

Some private enterprises, which have occurred in the event of mass suspension of workers, are simply because there is no trade union or trade unions exist in name only.

It is understood that STO is one of the ten major express companies in the country. In July this year, the National Federation of trade unions requested ten key express enterprises to form trade unions.

It should be clear that there is a difference between the interests of the enterprise and the interests of the employees. It is not surprising that their interests will be disputed. But we should avoid the mass incidents caused by the disputes as far as possible. The time chosen for the outbreak of mass incidents is usually at the key node of the enterprise and is very harmful to the enterprises.

The labor remuneration of the courier is calculated according to the quantity and weight of the delivery items. It is paid in the form of piecework wage. Therefore, the courier has a rough estimate of the monthly wages that should be paid by the courier. If the amount of delivery express is different from the company's salary, it is necessary for the two sides to communicate with each other, and the enterprise should make an explanation that the employee can give his heart to.