Selected Papers of The Jurist (法学家), Volume 1
- Renmin Chinese Law Review: Selected Papers of The Jurist
Edited by Jichun Shi
Chapter 13: Jurisdictional error as a cause for retrial should not be removed
The amendment of the Civil Procedure Law, passed in October, 2007, lists ‘jurisdictional error’ as one of the causes for retrial (Article 179, Section 1, Item 7), a move of pioneering significance not only in Civil Procedure Law history in China, but also rare in other countries. The author holds that this provision marks great progress in China’s legislature, deserving of full recognition, and that it should be kept in the future. In the meantime, we shall conduct more research on the application of the provision.
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