The Reflection Of The Jurisdiction Errors Should Not Be The Retrial Cause

The jurisdiction errors as the retrial cause in the civil procedure law hasexperienced inexistence to existence to disappear triggered a wide debate. Therepresent of opponents, Professor Zhang Weiping think jurisdiction errors should notbe the cause of retrial by assuming that "justice is done", limited error correction, thecomplementary of retrial; the scholars, like professor Tang Weijian have recognizedjurisdiction errors should be the retrial cause. He think its advantages outweigh thedisadvantages; while other scholars like Tang Yongmei agreed to the jurisdictionerrors should be the retrial cause but claims to limit. For example, violation of thespecial jurisdiction and exclusive jurisdiction and the jurisdiction of the lower courtviolation level serious illegal exercise of jurisdiction, and so on. According to thedifferent opinions we can find their dispute mainly focus on the following severalaspects: One is that how much jurisdiction will cause as a internal division of thecourt for justice; Second is if we take jurisdiction as the retrial cause, would iteffectively overcome local protectionism; The third: what is the essence of retrialand the setting principle of retrial cause. Through the analysis of various views andthe author think that the jurisdiction errors should not be a retrial cause. Jurisdictionfrom the essence belongs to the court’s internal division. The principle of divinizingjurisdiction should be "be convenient to both".Both convenient to court andconvenient to the parties. Therefore there is no right or wrong, only convenient orinconvenient. As people’s awareness of retrial is more and more deep, the unusualrelief features get more and more people’s approval. The value of retrial changedfrom the "seeking truth from facts to "limited error correction”. So it should belimited to start retrial and the retrial cause should find a balance betweenmaintaining the lawful rights and interests of the parties. There is no denying the factthat taking jurisdiction errors as the retrial cause is not only reflected the pursuit ofsubstantive justice, but also reflected the pursuit of procedural justice、the attentionof the procedure independence value. This is keep up with the trend of The Times development. But we need to know the pursuit of procedural justice is not free. Weshould not only pursue substantive justice or procedural justice. We should seek abalance between them. Therefore, we must give full consideration to the limitationof procedural justice,By analyzing the jurisdiction errors, the retrial and the jurisdiction, this articlethink the jurisdiction errors should not be the retrial cause. And according to thecomparison research method, the author proves this opinion. In this article, bysolving the jurisdiction errors should not be the retrial cause, we learned that if wewant to improve the jurisdiction and retrial we should thinking about the nature ofthem, and it will help to improve the system of jurisdiction and retrial system.