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编辑同志:我和我的亲属于1993年因房产问题发生纠纷,因双方协商不成,1995年我起诉到法院,法院受理后,经两级法院一审、二审后作出判决处理。因对判决中的某些事实认定,我现在认为与实际不符,经多方努力又找到部分新的证据,我想对这个案件重新起诉,不知在法律上是否允许?如不能重新起诉的话,我该如何保护我的合法权益?读者:王峰王峰同志:根据民诉法的规定,如果是赡养、抚养、扶养,判决不准离婚与调解和好的离婚案件、判决或调解维持收养关系等有关人身关系的案件,在判决后符合某些条件的可以重新起诉。你在来信中所提的纠纷是不能重新起诉的,这是因为你与对方的纠纷已经两级法院作出判决,判决书已发生法律效力。“民诉法”第110条第(5)项规定:“对判决、裁定已经发生法律效力的案件,告知原告按照申诉处理”。所以你和你的对方当事人均不能就同一诉讼标的,以同一理由重新起诉。如果你们的纠纷在原审判决生效后的二年内,你认为原判决确有错误,可根据民诉法审判监督程序的有关规定向法院申请再审。然而,据你来信所讲的时间来看,已超过法律规定的申请再审
Edit Comrades: I and my relatives in 1993 due to real estate disputes, as a result of the two sides failed to negotiate, in 1995 I sued the court, the court accepted, after two court first instance, the second instance after the verdict. I believe that some facts found in the verdict are not in conformity with the actual situation. After some efforts have been made to find some new evidence, I would like to re-prosecute the case. I wonder if it is legally allowed? If so, I should How to Protect My Legitimate Rights and Interests? Readers: Comrade Wang Feng Wang Feng: According to the provisions of Civil Procedure Law, if it is alimony, dependency and maintenance, judgments are not allowed to divorce and reconciliation and good divorce cases, judgments or mediation to maintain the relationship between the adoption and other relevant personal relationships Of the cases, in line with certain conditions after the verdict can be sued. The dispute you raised in your letter can not be sued again because your dispute with the other party has already been decided by two levels of courts and the verdict has taken legal effect. “Civil Procedure Law,” Article 110 (5) provides: “The verdict, the verdict has taken legal effect in the case, inform the plaintiff in accordance with the complaint handling ”. So neither you nor your other party can redress on the same subject matter for the same reasons. If your dispute is valid for two years after the first judgment came into force, you think the original verdict is wrong and you can apply to the court for retrial according to the relevant provisions of Civil Procedure Law of China. However, according to the time it took for your letter to be heard, applications for retrial have been exceeded