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原审法官的错误在于其法律结论。The error of the referee was in his conclusion of law.

“新的证据”，是指原审庭审结束后新发现的证据。"New evidence" refers to the evidence newly discovered after the conclusion of the court session of the original trial.

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如果被告在上诉中胜诉了，他就没有必要向原审原告支付原判决的赔偿金，当然也就没有必要支付利息。If a defendant wins an appeal, the defendant does not need to pay the judgment and therefore does not need to pay interest.

聆讯持续了数个小时，与判决萨贝利间谍罪成立的原审相比，时间要长得多。The appeal hearing lasted several hours, much longer than the original trial in which Roxana Saberi was convicted of spying.

重审时，只有在发现案件的基本事实确实发生变化时，才可能对被告人判处比原审判决更重的刑罚。In retrial, the defendant may not be punished severely than the original sentence only when the basic facts have really changed.

而且绝大多数国家是以原审法院管辖为基本模式，再辅之以提级管辖等特殊管辖模式。And most countries use the basic mode of trial jurisdiction of the Court, together with the special jurisdiction mention class model.

股东应责成公司将该委任报原审批机关备案。The Shareholder shall cause the Company to report such appointment to the original examination and approval authority for the record.

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再审之诉诉讼标的的个数主要是应看其和原审之诉的诉讼标的是否一致，有没有出现新的诉讼标的。The number of the object of action for retrial is decided by the consistency of retrial and original trial and whether the new object come forth.

不能把原审法官合理的自由裁量视为错误，不能不顾诉讼成本对有审判行为瑕疵的案件一律再审。It is improper to regard a reasonable free judgement as an error or to retry a case only because there was a defect in the previous trial behaviors.

承包经营合同及其变更、延期、中止、终止均须经合营企业原审批机关批准。The revision, postponement, termination or expiration of the contract shall be approved by the original authorities that approved the joint venture.

超过十五日，原审批机关未作批复的，视作原审批机关同意该公司解散。Failure of the examining and approving departments to reply within 15 days shall be taken as consent from the examining and approving departments of the dissolution of the company.

当事人直接向第二审人民法院上诉的，第二审人民法院应当在五日内将上诉状移交原审人民法院。If a party appeals directly to a people's court of second instance, the court shall, within five days, transfer the motion of appeal to the people's court that originally tried the case.

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第一百九十二条原审人民法院对于发回重新审判的案件，应当另行组成合议庭，依照第一审程序进行审判。The people's court which originally tried the case shall form a new collegial panel to, in accordance with the procedures of first instance, conduct a retrial of the case remanded thereto.

当事人直接向第二审人民法院上诉的，第二审人民法院应当在五日内将上诉状移交原审人民法院。If a party appeals directly to a people's court of second instance, the said court shall within five days transmit the appeal petition to the people's court which originally tried the case.

在后一种情况下，上诉法院可以命令重审，但要说明原审使用过的不可靠证据在新的审判中不得采用。In the latter instance, the Appellate Court may order a new trial, but specify that the questionable evidence that had been introduced in the first trial be held inadmissible in the new trial.

在量刑上，非法使用武装部队专用标志罪的最高刑期只能是七年有期徒刑，原审判决判处无期徒刑显然畸重。In sentencing, the maximum sentence of the crime of illegally use armed forces special marks is seven years imprisonment only, the original sentence of life imprisonment is apparently extremely heavy.