Notice of the Supreme People's Court on the Implementation of the Provisions on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People's Court (for Trial Implementation)

Notice of the Supreme People's Court on the Implementation of the Provisions on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People's Court (for Trial Implementation)
(No. 19[2004] of the Supreme People's Court)

The Higher People's Courts of all provinces, autonomous regions and municipalities directly under the Central Government, the military courts of the PLA, and the Production and Construction Corps Branch of the Higher People's Court of Sinkiang Uygur Autonomous Region,
With a view to further implementing the Law of the People's Republic of China on State Compensation, regulating the trial of cases that applies for affirming the judicial acts of the people's court as illegal, effectively safeguarding the applicant's rights to apply for affirmation and to apply for compensation, and further strengthening the self-administration and self-construction of the people's courts, the Provisions on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People's Court (for Trial Implementation) (hereinafter referred to as the Provisions) and the Samples of Documents of Affirmation Cases (see the attachment) were deliberated and adopted at the 1315th Session of the Judicial Committee of the Supreme People's Court. The Provisions, which have been promulgated, shall come into force as of October 1, 2004. We hereby release our notice regarding some issues of earnest study and implementation of the Provisions as follows:
1. Understanding thoroughly the significance of the implementation of the Provisions and improving earnestly the trial quality and management level of affirmation cases
Affirming the illegal exercise of duties of the people's court is the judicial duty of the people's courts entrusted by the Law on State Compensation, is the important approach to implementing the significant ideas of "Three Representatives" by the people's courts, to firmly building up the perspective of scientific development, to carrying out the principle of "justice for the people", to safeguarding the legitimate rights and interests of the citizens, legal persons and other organizations, and to realizing the social fairness and justice, and is the important guarantee for the people's courts to intensify unified application of laws and civilized justice. For a period of time, the illegal exercise of duties by few courts in such judicial processes as trial and enforcement has seriously impaired the legitimate rights and interests of the masses, damaged the image of impartial justice of the people's courts, and jeopardized the authority of justice, and must be seriously dealt with. The people's courts at all levels shall earnestly prevent the occurrence of illegal exercise of posts, and at the same time affirm the illegal exercise of posts which has occurred. The people's courts at all levels shall carefully study the Law on State Compensation and the Provisions, and clarify the basis, guiding ideology, principles and procedures of affirmation and the requirements for making the relevant documents according to which the Provisions were formulated; shall carefully study laws, regulations and judicial interpretations of criminal, civil and administrative trial and enforcement involved in affirmation work; and shall guarantee to hear affirmation cases lawfully, fairly and effectively, and perform the affirmation function correctly.
2. According to the decision of the 1195th session of the Judicial Committee of the Supreme People's Court on October 16, 2004, the trial supervision division shall be uniformly responsible for the affirmation work of state compensation, while each people's court at intermediate or higher level shall add staff members in charge of the said work to the trial supervision division. Each of the relevant trial supervision divisions shall foster the sense of overall situation, sense of rule by law, and sense of responsibilities, and carry on the styles of truth-seeking, down-to-earth and incorruption, and completely master the spiritual substance and all prescriptions of the Provisions, and correctly hear any case applying for affirmation. The cases of affirming illegal exercise of duties of its own court and any cases whose ruling is made by applying Item (15) of Article 11 of the Provisions shall, in general, be submitted to the judicial committee of the court for discussion.
3. The Judicial Committee of the Supreme People's Court has specified that the principle of separation of filing and trial shall be abided by for hearing cases of affirming compensation. In case any applicant applies to the people's court for affirming compensation, the division for filing cases of the people's court shall examine and decide whether the case shall be filed and accepted. Upon examination, a case complying with Article 5 of the Provisions shall be transferred to the office of compensation committee for trial after being filed; while a case complying with Article 3 but without the circumstances of Article 4 of the Provisions shall be transferred to the trial supervision court for trial after being filed.
4. No grassroots courts may, pursuant to the prescriptions of Paragraph 2 of Article 2 and Article 20 of the Provisions, accept any case of state compensation as of October 1, 2004. A case which has been accepted prior to September 30 but not concluded yet shall be concluded as soon as possible by analogy to the Provisions.
5. It is a complicated trial work to affirm whether a people's court performs duties unlawfully, and the results of both affirmation and denial may bring about great compacts on the society. After the promulgation of the Provisions, the said kind of cases may increase, so each high people's court shall, within its own jurisdiction, organize all kinds of study and training, intensify investigation and research, pay attention to the summarization of trial experiences, and constantly enhance the trial level of affirmation cases. Any specific problems encountered in the implementation of the Provisions shall be timely reported to this Court so as to conduct further research, to intensify instructions and to do well the said trial work.

August 16, 2004

Attachment: Samples of Documents of Affirmation Cases

Sample of Document of Affirmation Cases (I)
The ____________ People's Court
Notice of Acceptance
(for accepting an affirmation case)
Affirmation No. ______
___________________( the basic information as his name and dwelling of the applicant; the name and address of a legal person, the name and position of the legal representative if the applicant is a legal person or any other organization; and the name and residence of the agent):
You filed an application for affirmation to this court on ___ (date) for ___________________ (the causes for the application for affirmation). Your application is in line with the conditions for acceptance upon examination and is hereby accepted. Please submit the following materials to this court prior to ____ (date):
1¡¢
2¡¢

Date _________
(seal of court)
Clerk___________


Sample of Document of Affirmation Cases (II)
The ____________ People's Court
Notice of Hearing
(for an intermediate court to notify a grassroots court to attend a hearing)
Affirmation No. ______
The ___________________ People' Court:
An applicant for affirmation ___________________ (his or its name of the applicant for affirmation) filed an application for affirmation to this court on ____ (date). This court accepted it on ___ (date) and hereby decides to hold a hearing, and your court is notified to attend the hearing at this court on ___ (date) and to submit the relevant evidence.

Date ________
(seal of court)
Clerk___________

Sample of Document of Affirmation Cases (III)
The ____________ People's Court
Notice of Hearing
(for notifying the court which has made the judicial act to attend a hearing after acceptance of an appeal)
Affirmation Appeal No._______
The ___________________ People' Court:
An applicant for affirmation ________ (his or its name of the applicant for affirmation) filed an application for affirmation to this court for___ (the causes for the application for affirmation) on ___ (date). He refused to accept the _____ People' Court's (or your court's) ruling of dismissing the affirmation of Affirmation No._____, and filed an appeal to this court on ____ (date). It is hereby decided to hold a hearing for the said affirmation case, and your court is notified to attend the hearing at this court on ___ (date) and to submit the relevant evidence.

Date ________
(seal of court)
Clerk___________

Sample of Document of Affirmation Cases (IV)
The ____________ People's Court
Notice of Hearing
(for an applicant for affirmation to attend a hearing)
Affirmation No._______
___________________ (name of the applicant for affirmation):
You filed an application for affirmation to this court on ___ (date). This court accepted it on ____(date). It is hereby decided to hold a hearing for the said affirmation case, and you are notified to attend it at this court on ___ (date).
Your absence from the hearing without any justifiable cause shall be regarded as the withdrawal of your application for affirmation.

Date ________
(seal of court)
Clerk___________

Sample of Document of Affirmation Cases (V)
The ____________ People's Court
Notice of Hearing
(for an appellant for affirmation to attend a hearing)
Affirmation Appeal No. _____
___________________ (his or its name of the applicant for affirmation):
You refused to accept the _____ People' Court's ruling of dismissal of affirmation of Affirmation No. _____, and filed an appeal to this court on ____ (date). This court hereby decides to hold a hearing for the said affirmation case, and you are notified to attend it at this court on ____ (date).
Your absence from the hearing without any justifiable cause shall be regarded as your withdrawal of appeal for affirmation.

Date ________
(seal of court)
Clerk___________

Sample of Document of Affirmation Cases (VI)
The ____________ People's Court
Decision
(for dismissing an application for affirmation)
Affirmation No. _____

Applicant for affirmation _____________________( the basic information as his name and dwelling of the applicant; the name and address of a legal person, the name and position of the legal representative if the applicant is a legal person or any other organization; and the name and residence of the agent)
The applicant for affirmation filed an application for affirmation to this court for ___________________ (the causes for the application for affirmation) on ____ (date).
Upon examination, this court holds that the application of the applicant for affirmation isn't in line with the conditions for the people's court to accept an affirmation case of state compensation (or other causes). Pursuant to the Law of the People's Republic of China on State Compensation (any specific article or paragraph or item shall be quoted) and the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People Court (for Trial Implementation) (any specific article or paragraph or item shall be quoted), the decision is made as follows:
The application for affirmation filed by the applicant for affirmation ____ shall be dismissed.
In case the applicant refuses to accept this Decision, he may appeal to________________ (the full name of the next higher people' court) for reconsideration within 15 days after acceptance of this Decision.

Date ________
(seal of court)
This document has been verified as identical with the original.
Clerk___________

Sample of Document of Affirmation Cases (VII)
The ____________ People's Court
Decision of Reconsideration
(for ordering a lower¨Clevel people' court to accept an affirmation case)
Affirmation Reconsideration No. _____

Applicant for reconsideration ______________( the basic information as his name and dwelling of the applicant; the name and address of a legal person, the name and position of the legal representative if the applicant is a legal person or any other organization; and the name and residence of the agent)
The applicant for reconsideration has lodged an application to the ____ People's Court for affirming _______________ (causes of the application for affirmation) as illegal, while that court has dismissed the application for affirmation by Affirmation No. _____on ___ (date).The applicant refuses to accept it and filed an application for reconsideration to this court on ___ (date).
Upon reconsideration, this court holds that the application for affirming ____ as illegal filed by the applicant for reconsideration is in line with the conditions for accepting a case. Pursuant to the Law of the People's Republic of China on State Compensation (any specific article or paragraph or item shall be quoted) and the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People Court (for Trial Implementation) (any specific article or paragraph or item shall be quoted), this court makes the following decision:
1. The ___ People's Court's Decision of Affirmation No. _____ shall be revoked.
2. This case shall be filed and accepted by the ___ People's Court.

Date ________
(seal of court)
This document has been verified as identical with the original.
Clerk___________

Sample of Document of Affirmation Cases (VIII)
The ____________ People's Court
Decision of Reconsideration
(for sustaining the decision of dismissal)
Affirmation Reconsideration No. _____

Applicant for reconsideration __________________ (the basic information as his name and dwelling of the applicant; the name and address of a legal person, the name and position of the legal representative if the applicant is a legal person or any other organization; and the name and residence of the agent)
The applicant for reconsideration has lodged an application to the ____ People's Court for affirming __________________ (causes of the application for affirmation) as illegal, while that court has dismissed the application for affirmation by Affirmation No. _____on ___ (date).The applicant refuses to accept it and filed an application for reconsideration to this court on ___ (date).
Upon reconsideration, this court holds that _______________________ (stating the legality of the original decision of dismissal and the reasons for not supporting the facts and reasons filed by the applicant for reconsideration). Pursuant to the Law of the People's Republic of China on State Compensation (any specific article or paragraph or item shall be quoted) and the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People Court (for Trial Implementation) (any specific article or paragraph or item shall be quoted), this court makes the following decision:
The ___ People's Court's Decision of Affirmation No. _____ shall be sustained.

Date ________
(seal of court)
This document has been verified as identical with the original.
Clerk___________

Sample of Document of Affirmation Cases (IX)
The ____________ People's Court
Written Ruling
(for affirming the illegality)
Affirmation No. _____

Applicant for affirmation _____________________ (the basic information as his name and dwelling of the applicant; the name and address of a legal person, the name and position of the legal representative if the applicant is a legal person or any other organization; and the name and residence of the agent)
The applicant for affirmation has lodged a claim to this court for affirming ___________________ (causes of application for affirmation) as illegal on ___ (date).
__________________________________________(The facts and reasons an applicant applied for affirmation)
This court finds that ___________________ (narrating the facts and the basis for verification of an affirmation case).
This court holds that ___________________ (reasons for the decision of affirmation, namely: the reasons for affirming the original judicial act as illegal and for supporting any affirmation claim filed by the applicant shall be expounded on the basis of the verified facts and the related laws, regulations and judicial explanations. In case there are several claims filed by the applicant, they shall be analyzed one by one and the reasons for support or denial shall be expounded.).
Pursuant to the Law of the People's Republic of China on State Compensation (any specific article or paragraph or item shall be quoted) and the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People Court (for Trial Implementation) (any specific article or paragraph or item shall be quoted), it is ruled as follows upon discussion of the judicial committee of this court:
1. The ___ People's Court's Ruling (Decision) of Affirmation No. _____ shall be revoked; (in case the original ruling or decision isn't unlawful, this item shall be omitted).
2. The ___ People's Court's act (ruling, decision, or the illegal parts of the ruling or decision) made on ___ (date) is affirmed as illegal.
This ruling shall come into force as of the service of it.
The applicant for affirmation may, on the strength of this ruling, file a compensation claim to (this court, if the act of this court is affirmed as illegal; or the full name of the lower-level people's court, if the act of that lower-level people's court is affirmed as illegal).
(If the act of this court is affirmed as illegal, the president of this court shall sign on it; if the act of a lower-level people's court is affirmed as illegal, the collegial panel of that lower-level people's court shall sign on it.)

Date ________
(seal of court)
This document has been verified as identical with the original.
Clerk___________

Sample of Document of Affirmation Cases (X)
The ____________ People's Court
Written Ruling
(for dismissal of affirmation)
Affirmation No. _____

Applicant for affirmation ___________________ (the basic information as his name and dwelling of the applicant; the name and address of a legal person, the name and position of the legal representative if the applicant is a legal person or any other organization; and the name and residence of the agent)
The applicant for affirmation has lodged a claim for affirmation for ___________________ (causes of application for affirmation) to this court on ___ (date).
______________________________________(The facts and reasons an applicant applied for affirmation)
This court finds that ___________________ (narrating the facts and the basis for verification of an affirmation case).
This court holds that ___________________ (reasons for dismissal of affirmation, namely: the legality of the original judicial act and the reasons to dismiss the claim for affirmation filed by the applicant shall be expounded on the basis of the verified facts and the related laws, regulations and judicial explanations.).
Pursuant to the Law of the People's Republic of China on State Compensation (any specific article or paragraph or item shall be quoted) and the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People Court (for Trial Implementation) (any specific article or paragraph or item shall be quoted), it is ruled as follows:
The___ People's Court's act (ruling, or decision) made on ____ (date) shall not be affirmed as illegal.
In case applicant refuses to accept this ruling, he may file an appeal to (the full name of the next higher people's court) within 30 days from acceptance of this ruling.

(It shall be signed as Sample IX.)
Date ________
(seal of court)
This document has been verified as identical with the original.
Clerk___________


Sample of Document of Affirmation Cases (XI)
The ____________ People's Court
Written Ruling
(for granting the withdrawal of application for affirmation )
Affirmation No. _____

Applicant for affirmation ___________________ (the basic information as his name and dwelling of the applicant; the name and address of a legal person, the name and position of the legal representative if the applicant is a legal person or any other organization; and the name and residence of the agent)
The applicant for affirmation has lodged an application to this court for affirming that the __ People's Court's (decision or any other judicial act) of Affirmation No. ____ made on ___ (date) is unlawful and infringes on his lawful rights and interests. This court has accepted it in accordance with law. During the trial process, the applicant applied for withdrawing the application for affirmation (briefly stating the request and reasons put forward by the applicant for withdrawing the application).
Upon examination, this court holds that the claim filed by the applicant for withdrawing the application has been affirmed as lawful, and it is ruled as follows:
The claim of withdrawal of application filed by the applicant for affirmation ____ (name) is granted.

(signed by the collegial panel)
Date ________
(seal of court)
This document has been verified as identical with the original.
Clerk___________
Explanation: for denial of withdrawal of the application for affirmation of the applicant, no "written ruling of denial of the application for affirmation" shall be made, and the trial of the said case shall be continued; however "the applicant for affirmation applied for withdrawal of the application for affirmation on ____ (date), while this court denied it and the trial of the said case is continued" shall be stated on the "trial process of the case" of the written ruling for granting or denying the affirmation.

Sample of Document of Affirmation Cases (XII)
The ____________ People's Court
Written Ruling
(for granting the withdrawal of appeal for affirmation by a higher court)
Affirmation Appeal No. _____

Appellant for affirmation (the original applicant for affirmation) ___________________ (the basic information as his name and dwelling of the appellant; the name and address of a legal person, the name and position of the legal representative if the appellant is a legal person or any other organization; and the name and residence of the agent)
The appellant for affirmation has filed a petition to this court for the case of ___________________ (cause of action) as he refused to accept the ____ People's Court's Written Ruling of Affirmation No. ____. During the trial process, the applicant applied for withdrawing the petition for ___________________ (briefly stating the reasons for withdrawing the application).
Upon examination, this court holds that the claim filed by the appellant for withdrawing the application is lawful, and it is ruled as follows:
The petition of withdrawal filed by the appellant ____ shall be granted.

(signed by the collegial panel)
Date ________
(seal of court)
This document has been verified as identical with the original.
Clerk___________
Explanation: For a petition of withdrawal which is dismissed, the pattern shall be the same as that which is indicated at the corresponding place in Sample XI.

Sample of Document of Affirmation Cases (XIII)
The ____________ People's Court
Written Ruling
(for affirming the illegality after acceptance of an appeal)
Affirmation Appeal No. _____

Appellant for affirmation ___________________ (the basic information as his name and dwelling of the appellant; the name and address of a legal person, the name and position of the legal representative if the appellant is a legal person or any other organization; and the name and residence of the agent)
The appellant for affirmation has lodged a claim for affirmation for ___________________ (causes of application for affirmation). And the appellant refuses to accept the ___ People's Court's ruling of denial of affirmation of Affirmation No. _____ made on ___ (date), and filed a petition to this court on ___ (date).
This court finds that ___________________ (narrating the facts and the basis for verification of the affirmation case).
This court holds that ___________________ (reasons for decision of affirmation, namely: the illegality of the original judicial act as illegal, the absence of reasons and basis for the court of original trial to dismiss the affirmation, and the reasons for affirming the claim filed by the appellant shall be expounded on the basis of the verified facts and the related laws, regulations and judicial explanations).
Pursuant to the Law of the People's Republic of China on State Compensation (any specific article or paragraph or item shall be quoted) and the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People Court (for Trial Implementation) (any specific article or paragraph or item shall be quoted), it is ruled as follows:
1. The___ People's Court's ruling of Affirmation No. _____shall be revoked;
2. The___ People's Court's act (ruling, decision, or the illegal parts of the ruling or decision) made on ___ (date) is affirmed as illegal.
This ruling shall come into force as of the service of it.
The appellant for affirmation may, on the strength of this ruling, file a compensation claim to (the full name of the lower-level court whose judicial act has been affirmed as illegal).

(signed by the collegial panel)
Date ________
(seal of court)
This document has been verified as identical with the original.
Clerk___________

Sample of Document of Affirmation Cases (XIV)
The ____________ People's Court
Written Ruling
(for dismissing the affirmation after acceptance of an appeal)
Affirmation Appeal No. _____
Appellant for affirmation ___________________ (the basic information as his name and dwelling of the appellant; the name and address of a legal person, the name and position of the legal representative if the appellant is a legal person or any other organization; and the name and residence of the agent)
The appellant for affirmation has lodged a claim for affirmation for ___________________ (causes of application for affirmation). The appellant refused to accept the ___ People's Court's ruling of denial of affirmation of Affirmation No. _____made on ___ (date), and filed a petition to this court on ___ (date).
______________________________________(The facts and reasons an appellant applied for affirmation)
This court finds that ___________________ (narrating the facts and the basis for verification of the affirmation case)
This court holds that ___________________ (reasons for decision on dismissing the affirmation, namely: the legality of the original judicial act, the reasonableness of the court of original trial to dismiss the affirmation, and the reasons for not supporting the claim filed by the appellant shall be expounded on the basis of the verified facts and the related laws, regulations and judicial explanations).
Pursuant to the Law of the People's Republic of China on State Compensation (any specific article or paragraph or item shall be quoted) and the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People Court (for Trial Implementation) (any specific article or paragraph or item shall be quoted), it is ruled as follows:
The___ People's Court's act (ruling or decision) made on ____ (date) shall not be affirmed as illegal.

(signed by the collegial panel)
Date ________
(seal of court)
This document has been verified as identical with the original.
Clerk___________

Sample of Document of Affirmation Cases (XV)
The ____________ People's Court
Written Ruling
(for ordering to make a ruling within a time limit)
Affirmation Appeal No. _____
Appellant for affirmation ___________________ (the basic information as his name and dwelling of the appellant; the name and address of a legal person, the name and position of the legal representative if the appellant is a legal person or any other organization; and the name and residence of the agent)
The appellant for affirmation has lodged a claim for affirmation for ___________________ (causes of the application for affirmation) to the ___ People's Court on ___ (date). The ___ People's Court accepted the case on ___ (date) (the time of receiving the notice of acceptance by the appellant). The appellant for affirmation filed a petition to this court on ____ (date) for the ___ People's Court's failing to make the ruling within the statutory time limit.
This court finds that ___________________ (narrating the facts whether the original People's Court that accepted the affirmation case hasn't made the ruling within the statutory time limit).
This court holds that ___________________ (stating that there is no statutory reason for the ___ People's Court to exceed the time limit and not to make the ruling and the reasons for the petition filed by the appellant shall be supported).
Pursuant to the Law of the People's Republic of China on State Compensation (any specific article or paragraph or item shall be quoted) and the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People Court (for Trial Implementation) (any specific article or paragraph or item shall be quoted), it is ruled as follows:
To order the___ People's Court to make a ruling for the affirmation case filed by the appellant for affirmation ___ (name) within 30 days after acceptance of this ruling.

(signed by the collegial panel)
Date ________
(seal of court)
This document has been verified as identical with the original.
Clerk___________

Sample of Document of Affirmation Cases (XVI)
The ____________ People's Court
Written Ruling
(for a higher court to ex officio reaffirm or dismiss an affirmation)
Affirmation Supervision No. _____

Appellant (Applicant) of the original affirmation ___________________ (the basic information as his name and dwelling of the appellant(applicant); the name and address of a legal person, the name and position of the legal representative if the appellant(applicant) is a legal person or any other organization; and the name and residence of the agent)
The appellant (applicant) of the original affirmation has lodged a claim for affirmation for ___________________ (causes for the application for affirmation). (briefly stating the time, court, case number and trial process of the original affirmation and denial of affirmation)
This court finds that ___________________ (narrating the facts and basis for verification of the affirmation case)
This court holds that ___________________ (stating the reasons and basis of the inappropriate ascertainment of facts and application of laws of the original ruling).
Pursuant to the Law of the People's Republic of China on State Compensation (any specific article or paragraph or item shall be quoted), the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People Court (for Trial Implementation) (any specific article or paragraph or item shall be quoted) and the provisions of Article 18 thereof, it is ruled as follows:
1. The___ People's Court's ruling of Affirmation No. _____shall be revoked;
2. The___ People's Court's ____ act (ruling or decision) made on ____ (date) shall be affirmed as illegal [the expression for the dismissal of affirmation is: the___ People's Court's __ act (ruling or decision) made on____ (date) shall not be affirmed as illegal].
This ruling shall come into force as of the service of it.
The appellant (applicant) for affirmation may, on the strength of this ruling, file a compensation claim to (the full name of the court which has made the judicial act). (This item shall not be stated for the dismissal of affirmation.)

(signed by the collegial panel)
Date ________
(seal of court)
This document has been verified as identical with the original.
Clerk___________

Sample of Document of Affirmation Cases (XVII)
The ____________ People's Court
Written Ruling
(for ordering a lower-level or a corresponding level court to reaffirm)
Affirmation Supervision No. ______

Appellant (Applicant) of the original affirmation ___________________ (the basic information as his name and dwelling of the appellant(applicant); the name and address of a legal person, the name and position of the legal representative if the appellant(applicant) is a legal person or any other organization; and the name and residence of the agent).
The appellant (applicant) of the original affirmation has lodged a claim for affirmation for ___________________ (causes of the application for affirmation). (briefly stating the time, court, case number and trial process of the original affirmation or non-affirmation)
Upon examination, this court holds that the___ People's Court's ruling of Affirmation Appeal No. ____ may be faulty. Pursuant to Article 18 of the Provisions of the Supreme People's Court on Several Issues concerning the Trial of Cases of Affirming State Compensation by the People Court (for Trial Implementation), it is ruled as follows:
To order the___ People's Court to retry it.

(signed by the collegial panel)
Date ________
(seal of court)
Clerk___________

Sample of Document of Affirmation Cases (XVIII)
The ____________ People's Court
Notice of Dismissal of Appeal
(for dismissing an appeal after effectiveness of a ruling)
Affirmation Supervision No. _____

___________name of the appellant for affirmation, and the name and address of a legal person or any other organization):
You refused to accept the___ People's Court's ruling of Affirmation (Affirmation Appeal) No. _____made on ____ (date), and filed a petition to this court for (main reasons and basis of the petition).
Upon reexamination, this court holds that ___________________ (stating the causes and basis for dismissal of the petition in view of the reasons for petition).
Based on this, the ___ People's Court's ruling of Affirmation (Affirmation Appeal) No. _____ is correct and shall be sustained.

Date ________
(seal of court)
Explanation: For the dismissal made by a higher people's court, its copy shall be sent to the original people's court that made the ruling.