On The Jurisdiction Objection System Of Our Country's Civil Procedure

Because the court jurisdiction is the lawsuit entrance, which is the first defense line of the lawsuit fair, the jurisdiction system has also become one of the important system in civil procedure law. In the civil action, jurisdiction objection is the important constituent in the jurisdiction system, undertaking to correct and relief erroneous function when the court has not jurisdiction right. Although our country's present civil procedure law has made the stipulation on the jurisdiction objection, it appears too principled, and lacks operational, which directly affected the lawsuit to be fair and efficiency. As we all know, because the present legislation is careless and the related procedure standards flaw in the practice, on the one hand, it enable litigant's legitimate rights and interests not to obtain the effective safeguard, on the other hand, it also providing the litigant the broad space to misuse, or abuse the jurisdiction objection. Moreover, as a result of the court's benefit drive and the regional protectionism influence, it causes one phenomenon repeatedly to occur between the courts to fight for the jurisdiction, not only ruining the court's image, but also damages the litigant's benefits. Therefore, the sorts of unsuitable lawsuit behavior in jurisdiction objection question lies between the litigant and court has fundamentally violated the jurisdiction objection's establishment original intention, and causes its function disassimilation.Although with the way of our country's civil trial reform unceasingly to carry on, the lawsuit system is also unceasingly consummating, the reform action makes concrete in the jurisdiction domain, especially the action has rarely been touched in the jurisdiction objection, obviously it has not caused to value this question enough,. Today we advocate to enhance the procedure efficiency, to safeguard human rights in the judicial domain, it has no alternative but to say which is a regrettable matter. Because the jurisdiction objection is one of the important legal system that the litigant supervises the people's court to exercise a civil judicial authority regime legally, strengthens to its research, which has the profound significance:It can further enrich the civil action theory, and instruct to practice the lawsuit jurisdiction system correctly. Moreover,it's advantageous is to balances between the litigant's right of suit and the court's judicial authority, further safeguards the litigant's disposition right; it will also benefit to implement and realize the jurisdiction objection system which stipulated by the civil procedure law, and it can overcome the situation that the regional protectionism circumvention to violate the jurisdiction system, finally guarantees the court trial jurisdiction legitimate and fairness. This article has been carried on a more thorough analysis in the basic theory and the judicial practice operation of the jurisdiction objection, advocating to base on the national condition, model overseas experience, implement the procedure main body principle and observe the honest credit principle as the instruction, through further consummates the related procedure standard on the jurisdiction objection power system, through further consummates the jurisdiction system's correlation legislation.on this foundation to construct the jurisdiction objection system which possesses our country's characteristic.