"Civil Trial Guidance and Reference" (76th Edition) edited by the Supreme People's Bet365 app download published "The case of a trading company v. a battery company over a lease contract dispute"，The main discussion is: After the People’s Bet365 app download of Langfang Economic and Technological Development Zone, Hebei Province issued the first-instance civil judgment [(2015) Langkai Minchuzi No. 760] on August 20, 2016，The trading company is not convinced，Appeal to Langfang Intermediate People’s Bet365 app download of Hebei Province，The Bet365 app download issued a civil ruling on November 29, 2016 [(2016) Ji 10 Min Zhong No. 3935]: the first instance judgment was revoked and the Bet365 app download arraigned。On February 15, 2017, the Bet365 app download issued a civil judgment [(2016) Hebei 10 Minchu No. 280]。The battery company is not convinced，Appeal to Hebei Higher People’s Bet365 app download，The Bet365 app download issued the second instance judgment on June 2, 2017 [(2017) Ji Min Final No. 349]，Battery company still refuses to accept，Apply to the Supreme People’s Bet365 app download for retrial。

One Bet365 app download reasons why the battery company applied for reexamination is，Considers that the arraignment ruling issued by the Intermediate People’s Court of Langfang City, Hebei Province violated the Civil Procedure Law (2012 Revised Edition，The same below) Article 170，A serious programming error，Should be corrected according to law。The Supreme People’s Court’s retrial review opinion，Cancellation Bet365 app download first-instance judgment and promotion to trial，Although there are procedural flaws，But it does not damage the litigation rights and trial interests of both parties，And it is conducive to unifying the referee standards，It also does not fall within the grounds for retrial stipulated in Article 200 Bet365 app download Civil Procedure Law (current Article 207 Bet365 app download Civil Procedure Law)，Therefore，Does not support the battery company’s claim for retrial。

　　Procedural "flaws" may not be re-examined

As a guiding case，This case involves two procedural issues: one is in civil litigation，Whether there is a legal basis for the second-instance court to revoke the first-instance judgment and initiate a trial，Secondly, although the trial lacks legal basis，Whether it is a situation that warrants retrial。The view Bet365 app download Supreme People’s Court is，The second-instance court revoked the first-instance judgment and instituted a trial even though there was no legal basis，Procedural flaws，But it is not a case that warrants retrial。

In view Bet365 app download fact that this conclusion Bet365 app download Supreme People's Court will have general guiding significance for courts at all levels across the country to hear such cases involving "flaws" in civil procedures，The First Civil Division Bet365 app download Supreme People's Court is written by Comrade Fu Shaojun (hereinafter referred to as "Fu Wen")，further elaborated on the main reasons for the Supreme People's Court's ruling in the above cases: the promotion of jurisdiction did not damage the litigation rights and interests of both parties and the trial level，Grants parties the right and opportunity to obtain a higher level trial，And it is conducive to preventing local protection and unifying referee standards。

This guiding case has a positive guiding effect on how parties understand matters such as procedural flaws and procedural violations，It has positive significance for the people's courts at all levels in safeguarding the interests Bet365 app download parties。The Supreme People’s Court starts from the specific circumstances of this case，Period for raising legal objections to jurisdiction in civil litigation、Interpretation Bet365 app download provisions of Article 179, Item 7 Bet365 app download Civil Procedure Law (Article 207 Bet365 app download current Civil Procedure Law has been revised)，At the same time，Fu Wen also discussed the reasons why the Supreme People's Court did not procedurally correct the ruling Bet365 app download Langfang Intermediate People's Court from the aspects Bet365 app download litigation rights and interests Bet365 app download parties and the interests Bet365 app download trial level，The author basically agrees。In addition，Review from the perspective Bet365 app download stability value Bet365 app download procedure and the legitimacy Bet365 app download People’s Court’s exercise of judicial power，Also important。

　　The stable value Bet365 app download program

First，The superior court brought up a first-instance case that had been completed by the lower court even though there was no legal basis，However, legislation and judicial interpretations have not made restrictive provisions on this situation of "supervision from above"。If there were no restrictions on arraignments at all，I’m afraid it goes against the original intention of legislation and judicial interpretation，In judicial practice，If there is a arraignment by a higher court，Our conduct of interrogation does not violate legal provisions，No damage to the litigious rights and interests Bet365 app download parties and trial-level interests and obtaining a higher level judgment、Overcoming local protectionism and other reasons to affirm the practices of some courts，Especially in the form of guiding cases to make precedents，It is easy for the court to act in a very subjective manner in handling matters at the trial level。This can easily lead to confusion in the application Bet365 app download statutory principle of hierarchical jurisdiction in judicial practice，In view of this，Although the arraignment by the superior court did not violate the provisions Bet365 app download Civil Procedure Law，However, necessary restrictions should be imposed in some cases，In order to ensure that the People's Court adopts a relatively modest attitude towards the provisions Bet365 app download current law when exercising its judicial power，To ensure that the trial-level interests Bet365 app download parties are not harmed。

Second，For superiors and subordinates (trial by superior court)，There are no restrictions in laws and judicial interpretations，There are two considerations for the arraignment Bet365 app download superior court: First, the elevated jurisdiction gives the parties the right and opportunity to obtain a higher level trial；The second is to help prevent local protection，It is also conducive to the unification of referee standards，So the elevated jurisdiction of Langfang Intermediate People’s Court does not harm the litigation rights and interests Bet365 app download parties and the trial level。This view is logically self-consistent，In theory, it is actually also a question of legitimacy in the choice of court procedures。Starting from the theory of litigation interests，There is one requirement that cannot be exceeded when evaluating the legality Bet365 app download People’s Court’s exercise of judicial power，That is, the legitimacy Bet365 app download choice of court procedures。In civil proceedings，The process of court decision-making is essentially the process of applying law。In this process，First，The court’s trial behavior cannot be illegal；Secondly，The court’s trial behavior should be justified。Because in many cases, how to reflect the independent will Bet365 app download court as a referee，So that the judge’s discretion cannot be divorced from the value pursuit of procedural justice，It needs to rely on the legitimacy Bet365 app download court itself to solve the problem，Otherwise，Even if the court acts entirely in accordance with the legal point of view，It is also difficult to gain people’s trust。The superior court mentioned by Fu Wen actually upgraded the trial without legal basis and did not damage the litigation rights and interests Bet365 app download parties and the trial level，Opposite，Having the trial heard by a superior may also be beneficial to the litigation rights and interests Bet365 app download parties and the interests Bet365 app download trial authority，This is based on the legitimacy Bet365 app download choice of court procedures，The Supreme People’s Court affirmed the procedural choice of Langfang Intermediate People’s Court。In addition，The Supreme People’s Court’s view may also further consider the stability value Bet365 app download procedure，So，There is no need to correct the elevated jurisdiction of Langfang Intermediate People’s Court。

　Third，In addition to justice and efficiency in the value system of civil litigation，It should also include the stability value Bet365 app download program，That is, program stability and program operation stability，The most important factors are the finality Bet365 app download procedure and the legality Bet365 app download procedure。Japanese scholar March Zhang pointed out，Procedural law will undoubtedly safeguard and implement the results Bet365 app download judgment，Complying with the stability requirements Bet365 app download law should be one of its major features。Professor Ji Weidong thinks，The parties may appeal to reverse the case at will，Superior authorities can override them at any time，This makes the decision extremely unstable，Legal relationships are also difficult to determine。Visible，“Procedural stability” lies in the procedural law scholars Bet365 app download civil law system，Not a new concept。Chen Guiming、Two scholars Li Shichun further pointed out，Procedural stability is the primary basic value orientation Bet365 app download litigation system，The stability or order Bet365 app download law itself must take precedence over the justice and effectiveness Bet365 app download law。The stability value of procedure is reflected in the field of civil litigation, including the principles of responsive jurisdiction and jurisdictional stability，Responsive jurisdiction refers to the first instance as long as there is no exclusive jurisdiction provision，Even if it is a lawsuit that violates jurisdictional regulations，If the defendant does not raise any objection, he will respond to this case，This is tantamount to admitting to accept the trial of this court，Just like the agreement，Then the court can exercise jurisdiction。This is how the stability value of procedure is reflected in civil litigation。

　　Proper program selection

Program-based stability considerations，Once the effective judgment and ruling is made，That is, it has res judicata for the parties and the People’s Court，Unless there are circumstances stipulated by law, retrial and sentence modification are not allowed，This is from the perspective of safeguarding the stability Bet365 app download law，Enable citizens to maintain a high degree of security and trust in the effective judgments of national judicial organs。Specific to this case，Due to the arraignment in Langfang Intermediate People’s Court，The battery company did not object to jurisdiction，But participated in one、The second instance trial，There is no legal basis for filing a arraignment with the Supreme Court until the retrial，Procedural errors require reexamination。In addition to considering the circumstances where the grounds for retrial do not meet the relevant provisions Bet365 app download Civil Procedure Law，From the perspective of maintaining the stability Bet365 app download judgment，It is not appropriate to retry the case。Anyway，Guiding cases issued by the Supreme People’s Court and interpretations Bet365 app download First Civil Tribunal Bet365 app download Supreme People’s Court，It is in line with the spirit of legislation and the jurisprudence of civil procedure，The author made further theoretical elaboration on this basis，When there are procedural flaws in the effective judgment，If there is no legal stipulation that retrial should be carried out, the stabilizing value Bet365 app download law and the legitimacy Bet365 app download people's court's exercise of power shall be combined.，There should be no retrial，It is a more appropriate program choice。

　　(Author’s unit: Institute of Bet365 app download, Tianjin Academy of Social Sciences)