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Studies On The System Of The Defence To Jurisdiction

Posted on:2006-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:X J WeiFull Text:PDF
GTID:2166360182466338Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Because the complicated rules of jurisdiction,individuality in the process of the judgement and the inner contradiction of the parties lead to the difference opinions or the conflict of interests between the parties, the court over the suit and the others,the parties and the judge,it is the current practice throughout the world that the parties have the right to raise an objection on the jurisdiction. In China,there are the special chapters and sections about the defence to jurisdiction in the civil law and its explanation,but it is still ambigiouse and self-contradictory that what is the defence to jurisdiction, who can raise it, which tpye of jurisdiction can be defensed and what is the procedure.In addition,it is valuable to study and solve the problem that function of the defence to jurisdiction is seriously destroyed by the parties' ill behavior in the civil procedure. The thesis will inquire into the things of the defence to jurisdiction of our country in the theory,the rules and the practice by studying the foreign law.The author hopes to make a greater contribution for the system of the defence to jurisdiction up to standard and be perfected.The thesis is composed of three chapters:the first studies the general theory of the defence to jurisdiction and proves its neccessity;the second is to look for our own insufficience by contrasting the internal with the foreign;the last is to find the appropriate measures to correct the mistake and punish the abuse in order that the defence to jurisdiction functions well.
Keywords/Search Tags:civil jurisdiction, the dispute of jurisdiction, the defence to jurisdiction
PDF Full Text Request
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