Legal analysis: The jurisdiction court of criminal retrial cases is determined as follows: which court initiates the retrial procedure is the jurisdiction court. Generally, it is the original first instance, second instance or its superior court.

The Supreme People's Court has the right to remand the legally effective judgments and orders of the people's courts at all levels for retrial or instruct the people's courts at lower levels for retrial if they are found to be really wrong.

Legal basis: Article 254 of the Criminal Procedure Law of People's Republic of China (PRC). If the presidents of people's courts at all levels find mistakes in ascertaining facts or applying laws, they must submit them to the judicial committee for handling.

The Supreme People's Court has the right to send back or instruct the people's courts at lower levels to retry the legally effective judgments and rulings of the people's courts at all levels. If the people's courts at higher levels find that there are indeed mistakes, they have the right to send back or instruct the people's courts at lower levels to retry.

The Supreme People's Procuratorate has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision if it finds that the legally effective judgment or ruling of the people's court at all levels is wrong, and the people's procuratorate at a higher level has the right to lodge a protest with the people's court at the same level in accordance with the procedure of trial supervision.