On The Retrial Of The Final Adjudication Of The Challenge For Jurisdiction

The civil jurisdiction system is an important system in the civil procedure.It is an approach that meets due process requirements when the case is referred to a competent court.In the current legal system of civil lawsuits in China,the parties are gradually given the right to challenge the ascription of the jurisdiction,the jurisdictional objection ruling as the right to appeal to the parties as one of the three allowable forms of appeal,and in order to combat the growth of "judicial local protectionism",in the partial revision of the Civil Procedure Law in 2007,the "jurisdiction error" was listed as a retrial reason allowing the parties to apply for retrial.However,this practice has caused widespread opposition from the practice community and the theoretical community.The prevailing view is that the retrial of the jurisdictional issue is a "procedural surplus",and does not conform to the principle of proportionality of rights and remedies.Therefore,the Supreme People's Court issued a judicial explanation for permission in 2008.Limit the forms of jurisdictional error allowed for retrial to situations involving exclusive jurisdiction and other serious violations.Jurisdiction of retrials was limited to shrinking,and "jurisdictional errors" were removed from retrials shortly afterwards.In 2015,the retrial retaliation was obtained through the judicial review of civil procedure law to rule out jurisdictional objections.Although China's legal norms make such provisions,but through the search of judgment documents,found that the Supreme Court in the judicial practice after the implementation of the new law,there is still jurisdiction over the final ruling of the opposition objection to the retrial.The so-called “existence is reasonable”,the decision of the Supreme Court as the judicial authority to make a retrial must not be arbitrary.In our country's tradition of "Emphasizing entity and Contempt procedure",the legitimacy of awarding the finaladjudication of a jurisdiction objection lies in the fact that the provision of three relief channels for jurisdiction not only represents a sufficient emphasis on procedural justice,but also reinforces the credibility of the judiciary and guarantees the finality of dispute resolution.Secondly,comparing civil litigation systems in other representative countries and regions of the civil law system,they have set up special trials for the application of laws.The final review system of China's two-instance trial determined the lack of specialized legal review,which led to the suspension of most cases in the intermediate courts,which was detrimental to the uniform application of laws.The provision of retrial remedies for the final adjudication of jurisdiction objections can effectively avoid the disappearance of jurisdictional problems within the scope of the Supreme Court and help realize the realization of the uniform legal application functions of the Supreme Court.The provision of retrial remedies for the final adjudication of jurisdiction objections can effectively avoid the disappearance of jurisdictional problems within the scope of the Supreme Court and help realize the realization of the uniform legal application functions of the Supreme Court.Thirdly,under the background of disregarding the theory of the litigation rights involved in the jurisdictional system.Allowing jurisdiction objection to final adjudication entering retrial procedures can avoid separation of jurisdiction and litigation,provide a path to fully protect the parties' legal rights to sue in jurisdictional courts.It is a choice that is more in line with fairness and justice requirements.At the same time,the provision of retrial remedies can provide guidance to lower courts for lower-level courts in defining the scope of exclusive jurisdiction and determining the effectiveness of arbitration agreements to determine the difficult issues encountered in the jurisdiction of courts.Secondly,in cases of decentralized transfer of jurisdiction,the lack of effective remedy channels,the failure to supervise and correct the failure of the parties can be corrected so as to provide sufficient remedies for the parties' rights.In summary,allowing the ruling of jurisdiction over the final adjudication to enter the retrial procedure is based on a full demonstration of the institutional value and the practical significance,which helps to achieve a balance between judicial fairness and litigation efficiency.In order to realize the fundamentalessence of the system,it is necessary to optimize the retrial procedure.By establishing the supplementary principle of retrial,it is required that the retrial can be initiated only under the premise of exhausting other remedies,and that the parties are forced to seek regular remedies in a timely manner.Appropriately shorten the retrial application deadline and review deadline,and suspend the trial of the substantive content of the case to ensure that the jurisdiction issue is resolved before the entity's referee can make it.As a follow-up question,in order to increase the efficiency of lawsuits,the retrial procedure should be used to eradicate the review of the subject matter of the "jurisdictional error" retried against the entity's judgment that has taken effect.Only in this way can seek the best solution between fairness and efficiency.