Objection To The Jurisdiction Of The System Of Civil Procedure

Objection to the jurisdiction or jurisdiction objection is that the parties believe that the court have no rights to judge the case, so they suggest the views or ideas to appeal to the people's courts against the jurisdiction of the Court. China's objection to the jurisdiction of the establishment of the system is intended to correct the mistakes jurisdiction of the court, the court legitimate right to exercise jurisdiction; equal protection of the parties right of appeal; in some extent, overcome and prevent local protectionism. However, in more than 10 years of judicial practice, because China's objection to the jurisdiction of the system is too vague legislation, judicial interpretation is not full, there are many problems existing, the impact of objection to the jurisdiction of the normal functions of the system to play. How to prevent these regulations or improper conduct is that we now need to be resolved. This article from the jurisdiction of objection to the system starting with the value on China's objection to the jurisdiction of civil litigation related to the legislation and judicial practice, the existing problems in an in-depth analysis of the foreign experience with China's actual and proposed on the basis of sound and reform China's objection to the civil jurisdiction of the points system envisaged with a view to resolve the dispute in the jurisdiction of a number of issues.A total of three chapters to the full text of the exposition:Chapterâ… It is the concept and value of objection to the jurisdiction. This part of the system introduced the concept of objection to the jurisdiction, applicable conditions, and to explore the objection to the jurisdiction of the value of the system.Chapter II It is the problems of China's objection to the jurisdiction of civil litigation system existing. First of all, introduce the defect of the legislative system and judicial interpretation of China's objection to the jurisdiction. Then, this part of the empirical analysis of the use of methods of objection to the jurisdiction of the judicial system in China's practice of the outstanding problems and the reasons for that: objection to the jurisdiction of the number of cases, the high rate of Appeal ruling; abuse are serious objection to the jurisdiction, proceedings delay is very prominent.Chapter III It is to improve and reform the civil jurisdiction of China's objection to the system of specific ideas. Improve and reform the civil jurisdiction of China's objection to the system must follow the principle of good faith, the principle of procedural justice and rights of the principle of appropriate relief, specifically from the following five aspects of the reform proposals: first, a clear objection to the jurisdiction of the jurisdiction provisions of the objection For the main accused and without the right to request an independent third party, the second, to expand the scope of the jurisdiction of objection. Second, improve the jurisdiction of the dispute in the proceedings: Construction on the macro-trial proceedings incidental mode; micro, the establishment of objection to the jurisdiction of the hearing mechanism, established to review, the Court explicitly review period, so as to enhance the specific operational and strengthen procedures for the parties Protection of the right. Third, improve the abuse of the right to exercise jurisdiction objection to the supervision and restraint mechanisms. Jurisdictional objection to the establishment of the corresponding control mechanism, such as: pay legal fees, penalties and damages, the parties responsible cost-sharing system. Fourth, to simplify the procedures governing objection relief, to appeal for reconsideration of relief mechanism for relief mechanism, which is conducive to improve trial efficiency and save judicial resources.