The "Civil Trial Guidance and Reference" edited by the Supreme People's Court (the 76th series) published "a business company to sue a battery company lease contract dispute"，The main discussion is: the People's Court of Langfang City Economic and Technological Development Zone, Hebei Province, made a first -instance civil judgment on August 20, 2016 [(2015) Corridor's Chu Chu Zi No. 760]，Commercial Company Don’t accept，Appeals in the Intermediate People's Court of Langfang City, Hebei Province，The hospital issued a civil ruling on November 29, 2016 [(2016) Ji 10 People's No. 3935]: Revisit the first trial judgment and be filed by the hospital。February 15, 2017 The hospital made a civil judgment [(2016) Ji 10 of the People's Republic of China No. 280]。Battery company is not accepting，A appeal to the Higher People's Court of Hebei Province，The hospital made a second trial judgment on June 2, 2017 [(2017) Jimin No. 349]，Battery company still dissatisfied，Apply to the Supreme People's Court for retrial。

Battery company's application for retrial is the one is，I believe that the trial ruling made by the Langfang Intermediate People's Court in Hebei Province violated the Civil Procedure Law (2012 Modified Version，Same) Article 170 stipulates，It is a serious programmatic error，It should be corrected according to law。The Supreme People's Court re -review considers，Revisit the first trial judgment and learn from the trial，Although there are defects in the program，but it has not damaged the litigation rights and trial benefits of the parties on both parties，It is conducive bet365 Play online games to unified referee scale，It is also not belonging to Article 200 of the Civil Procedure Law (Article 207 of the current Civil Procedure Law).，So，No support for the retrial of the battery company。

　　Bet365 app download

As a guidance case，The case involves two program problems: First, in civil lawsuits，The court of the second instance revoked the first instance judgment and the trial has a legal basis，Second, although the trial lacks legal basis，Is it a situation that should be retrial。The point of view of the Supreme People's Court is，The court of the second instance revoked the first trial judgment and the trial has no legal basis，There are defects in the program，but not belonging to the situation that should be retrial。

In view of the conclusion of the Supreme People's Court, it will have a universal guidance significance for the trial of courts at all levels in the country.，The Supreme People's Court of the People's Court was written by Comrade Fu Shaojun (hereinafter referred to as "Fuwen")，further explaining the main reasons of the Supreme People's Court in the above case: rearing that the jurisdiction has not damaged the litigation rights and trial interests of both parties，Give the parties to get the right and opportunity to get higher level trials，It is conducive to preventing local protection and unified referees。

This guiding case has a positive guiding effect on how the parties understand the procedural defects and procedures illegal，It has positive significance for the people's courts at all levels in maintaining the audit interests of the parties。The Supreme People's Court departs from the specific situation of this case，Jurision from the jurisdiction objection from the jurisdiction of jurisdiction、Article 179 of the Civil Procedure Bet365 lotto review Law (Paragraph 7 of Paragraph 7 of the Civil Procedure Law (the current "Article 207 of the Civil Procedure Law has been amended)，At the same time，Fu Wen also discussed the reason why the Supreme People's Court did not proceed to the reason why the Supreme People's Court had correctly corrected the ruled by the Langfang Intermediate People's Court，I basically agree with the author。other，Review from the aspect of the stability of the program and the legitimacy of the people's court exercise the judgment right，Also important。

　　The stable value of the program

First，The higher court will review the first trial case that the lower court has already tried. Although there is no legal basis，But the legislative and judicial interpretation did not make the restriction of this "upper tube" situation。If you do not restrict the review，I am afraid that there is the original meaning of violation of legislation and judicial interpretation，In judicial practice，If there is a situation in the upper -level court of the court，We only do not violate the laws and regulations for the act of trial，Not damaging the parties' litigation rights and interests and trial benefits and a higher level of judgment、Overcoming local protectionism and other reasons to affirm the practice of some courts，Especially in the form of guiding cases to make a jurisprudence，Evil courts make a very subjective "upper tube" behavior in the trial treatment。This is easy to lead to the confusion of the legal principles of level jurisdictions in judicial practice，In view of this，Although the trial of the higher court did not violate the provisions of the Civil Procedure Law，But in some cases, the necessary limit should be also used，can ensure that the people's court adopts a relatively humble attitude towards the current law when exercising Bet365 app download the right to judge，To ensure that the parties' trial benefits are not harmed。

2，For the upper tube and lower tube (review of the higher court)，Legal and judicial interpretations have not made limit，There are two considerations of the upper court of the higher court: one is that the rearing the right to give the parties the right and opportunities to obtain a higher level of trial; the second is to prevent local protection，It is also conducive to the unity of the referee scale，So the rearrassment of the Langfang Intermediate People's Court has not damaged the litigation rights and trial interests of the parties。This view can be logically consistent，In theory, it is actually a legitimacy problem for court program selection。Starting from the theory of litigation interests，Evaluate the appropriateness of the people's court's trial rights.，That is the legitimacy of the court program selection。In civil litigation procedures，The process of making a decision in the court is essentially the process of legal use。In this process，First，The court's trial behavior cannot be illegal; second，The trial behavior of the court should have legitimacy。How to reflect the independence will of the court as a referee because of a lot of circumstances，Make the judge's free tailoring from the value pursuit of the value of procedural justice，It needs to rely on the court's own legitimacy to solve，Otherwise，Even if the court acts exactly in accordance with the legal point of view，It is also difficult to get people's trust。The higher court mentioned in Fuwen has not been re -tried without legal basis, but it does not harm the parties' litigation rights and trial interests，On the contrary，Trial by the superior may also be conducive to the parties' litigation rights and audit interests，This is the legitimate bet365 best casino games departure from the court's program，The Supreme People's Court affirmed the program selection of the Langfang Intermediate People's Court。other，The view of the Supreme People's Court may also further consider the stability value of the program，So，No need to correct the jurisdiction of the Langfang Intermediate People's Court。

third，The value system in the civil lawsuit except for justice and benefits，It should also include the stable value of the program，That is the stability of program stability and program operation，The most important factor is the end of the program and the statutory of the program。Japanese scholars March chapter pointed out，The procedure method will undoubtedly maintain and implement the results of the judgment，The stability requirements of the conformity method should be used as one of its major features。Professor Ji Weidong thinks，The parties can report arbitrarily to flip the case，The superior authorities can be more at any time，This makes the decision extremely unbearable，Legal relations are also difficult to determine。Visible，"Procedural Stability" is where the litigation law scholars in the Mainland Law Department，Not a fresh concept。Chen Guiming、Li Shichun's two scholars further pointed out，Program stability is the basic value orientation of the litigation system，The stability or order of the law itself should be preferred by the justice and benefits of the law。The stable value of the program is reflected in the field of civil litigation, which includes the principle of response and the constant jurisdiction of the response，The jurisdiction of response means that as long as there is no exclusive jurisdiction in the first trial，Even if it is violating the lawsuit stipulated in jurisdiction，If the bet365 Play online games defendant does not raise an objection, this case should be sued，This is equivalent to acknowledging that accepting the court's trial，Like an agreement，So the court can exercise jurisdiction。This is the reflection of the stable value of the program in the civil lawsuit。

　　Proper program selection

Program -based stability considerations，The effective judgment and ruling once made，That is to have both the parties and the people's court，Unless the situation specified in the law cannot be re -tried and changed，This is from the perspective of the maintenance method，Keep citizens a high degree of security trust in the judgment of the national judicial organs.。Specific to this case，Due to the trial of the Langfang Intermediate People's Court，Battery company does not make objections to jurisdiction，Instead of participating in one、Trial of the second trial，It was not until the review of the Supreme Court without legal basis for review.，A programmatic error requirement for retrial。The Supreme People's Court except for the re -examination of the relevant provisions of the Civil Procedure Law，Consider the stability of the judgment，It is not advisable to retrial on the case。In short，Guiding cases issued by the Supreme People's Court and interpretation of the People's Court of the Supreme People's Court，It is in line with the legislative spirit and the legal lawsuit，The author made further theoretical explanations on this basis，When the procedural defective of the procedure has appeared in the effective judgment,，If there is no legal provision, it shall be re -tried to combine the stable value of the law and the legitimacy of the people's court power，It should not be re -tried，It is a more proper program selection。

　　(Author Unit: Institute of Law of Tianjin Academy of Social Sciences)