Discussion On Jurisdiction Dissent System Of Chinese Civil Litigation

In the procedure of civil and commercial litigation,the first important thing of starting is to determine jurisdiction.The dissent right of jurisdiction embodies the parties'litigation rights and equality. As the remedy of improper jurisdiction, jurisdiction dissent system is highly valued by the countries belonging to the two different genealogy of law. But in our civil litigation law,the rules of jurisdiction dissent system is very principled,and related judicial interpretation does not prescribe very comprehensively.There is something wrong on the rules about dissent subject,full protection of dissent rights,design of the dissent system,etc.Therefore,it is limited to enforce dissent rights. As a result,it is very necessitous to theoretically discuss and procedurally improve jurisdiction dissent system.This paper is to analyze the importance of the jurisdiction dissent rights of civil and commercial litigation,discuss something wrong in the jurisdiction dissent system,borrow foreign rules,and figure out some improvement suggestions about our jurisdiction dissent system,from the angle of judicial action. This paper is composed of three chapters.Chapter one studies the common theory on jurisdiction dissent system of civil litigation,and discusses the conception and the value.Chapter two is based on the judicial action to briefly discuss some questions such as the right subject and the operation scale of our current jurisdiction dissent system,abusing of jurisdiction dissent right,and etc.At the same time,in this chapter,comparing with the foreign related rules,there are some suggestions on improving our jurisdiction dissent system.Chapter three puts emphasis on discussing the adjudicating procedure of jurisdiction dissent,and points out some personal suggestions on improving our adjudicating procedure of jurisdiction dissent.