The Civil Case Remand after reimbursement, the defendant can challenge the jurisdiction in accordance with the procedure of first instance, the academic debate, in judicial practice is not a.

A kind of opinion thinks: do no more than two of the jurisdiction, is in a period of the respondent raised no objection to the jurisdiction of the court, the active review also found no existence of jurisdiction, the dispute of jurisdiction. Two is the defendant in a period of jurisdiction objection, the court rejected the defendant was not to appeal the decision, rejected or appeal the ruling to be maintained.

So, in either case, jurisdiction problems have been solved by the statutory procedures, or be effective ruling to determine, or is the default. The only verdict on the back for retrial trial of entities, should not involve jurisdiction.

The legal basis is"The Supreme People's Court on some issues of applicable PRC Civil Procedure Law" thirty-fifth article "the opinions of the people's court having jurisdiction after the case is accepted by the administrative areas, not to change the grounds, transfer the case to change people's courts that have jurisdiction over. Appeal after the judgment of the case and in accordance with the procedure for trial supervision cases, the superior people's Court of the people's Court of original trial; the people's Court of second instance retrial or superior people's court shall order the retrial of the case by the people's court for retrial, or retrial."

Now that is specified by the people's Court of retrial, need not have jurisdiction to review, if the defendant objection to the jurisdiction of the court shall not accept, can inform.

Similarly, so is the re prosecution after withdrawal.

The author thinks, the opinion of "civil opinion" misunderstanding, is a very wrong way. The author thinks, returned after remand and withdrawing prosecution case, should be retried pursuant to a trial, the defendant has the right to challenge the jurisdiction of the court ruling, should also be in the form of jurisdiction.

The first "people v. opinions" thirty-fifth said "by the people's court to try the" not just a substantive hearing, actually could not only substantive hearing. Since "anew in accordance with the procedure of first instance trial", must contain procedures, but the first instance procedure stipulated the defendant has the right to defense in the fifteen day period put forward the objection to jurisdiction, retrial not institute will not be accepted in the absence of a clear legal basis case, the obvious violation of the procedure of first instance.

If a case for retrial are not allowed to mention the jurisdiction objection, Is it right? Also does not allow the change of litigious claim? Is it right? Is not allowed to supplement the evidence? If you are not allowed to, in accordance with the procedure of first instance that is also called the trial?

In addition, the law on the jurisdiction objection, must be determined to an oral or written form, the court shall not accept no legal basis to inform.

Furthermore, returned the case for retrial of course contains the procedures of review, this is the law expressly provided, also can say, it is because of a procedural problem just returned a retrial, as the jurisdiction of the procedural problems in the course of the review.

Some of the local court has issued a number of normative views, such as the Shandong Provincial Higher People's court opinions lugao method on Several Issues concerning the trial of civil and commercial litigation jurisdiction objection cases of hair (2006) No. 41

102Second, a, the court rejected the jurisdiction objection ruled legally effective, the parties shall have the right to have jurisdiction to the superior court for retrial.

103The court case, the judgment of the legal effect, if the parties to reject the objection to the jurisdiction of rulings and judgments are appeal, court review, found the jurisdiction has error, but the sentence correct, should not change the; such as after review, that jurisdiction and judgments were wrong, should be treated according to the procedure for trial supervision. After a retrial or arraignment, the original judgment or ruling is revoked, shall transfer the case to the people's courts have jurisdiction over a case.

According to the Shandong high court practice, even if it is already an effective judgment, the fair trial supervision procedure transfer, let alone a case returned.