Rational Consideration About Consummation Of Jurisdiction Demurrer System In The Code Of Civil Law System

The jurisdiction demurrer system is one of the most important systems of the code of civil law system. The consummation of it, in great extent, influences or even decides the realization of litigants'substantive rights. The provision for jurisdiction demurrer in code of civil law is comparatively glancing, which particularly represents the injudicial examination of jurisdiction demurrer by court, however, the litigant would take jurisdiction demurrer as the general tactics for suits delay etc. All these disfigurements have already endangered suit justness seriously. Viewing the present jurisdiction demurrer system, and analyzing subsistent problems, the writer puts forward some reformational advices with the expectation to consummate the jurisdiction demurrer system of the country.The paper firstly defines the jurisdiction demurrer system briefly, and then introduces its qualification and origin of rights, on the base of which, analyses the setting up worthiness of jurisdiction demurrer system. Reviewing the jurisdiction demurrer system of typical civil law system countries and Anglo-American law system countries, the writer concludes characteristics and brightness of jurisdiction demurrer system abroad by comparison investigation. Analyzing the problems of the country jurisdiction demurrer system, the writer enumerates three present abuses of the country jurisdiction demurrer system directly. The first is the administrative intervene of examination jurisdiction demurrer. The second is that the extension of subject and the object still need to be defined more. The third is that the concrete programmer of jurisdiction demurrer system existing loopholes. Aiming at the abuse, it is proposed that to replace administration modes by introducing parenthesis suit mode in the procedure of dealing with the jurisdiction demurrer, including suits abeyance, hearing of witnesses'procedure instauration, parties'onus probandi aggrandizement, the court's jurisdiction demurrer timing enactment , the parties'procedure election estimation. It is proposed to harmonize the relationship between action and jurisdiction, to consummate the specific measure of the country jurisdiction demurrer system, to emphasize the parties'principal part status, to exercise cordiality credit principle, and to carry through equality, argument, punishing principle. put forward specific scheme to consummation of the country jurisdiction demurrer system,including defining subject and object of jurisdiction demurrer, setting up legal cost payment system of jurisdiction demurrer, establishing agreement instructional rule system.