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On Deficiency And Consummation Of Our Country's Civil Procedure Jurisdiction Objection System

Posted on:2010-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:H W MaFull Text:PDF
GTID:2166360275460513Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of market economy and civilization,justice of law is being the goal that people are purchasing.Justice act is the last check and the most important and efficient way to keep the justice of law.Therefore irreplaceable advantage of procedure resolution system is being highlighted,comparing with other systems.Under the procedure,the first step is jurisdiction.As the gate of procedure, good order,consummate rule of jurisdiction and smooth objection to the procedure have great meaning to balance procedure,realize judicial justice and protect procedural rights of litigants.However,due to negligence in legislation and trial practice,jurisdiction system,especially objection to jurisdiction of rights of jurisdiction,has not been highlighted enough comparing with other systems in theatrical research of civil procedure of rights relief.However,due to lately established,generally stacked,administrated in resolving,and free determinable to great extent by judges,it leads to disorder in practical adoptions and influents the dignity and unit of law.Stimulated by benefit,courts contest for jurisdiction and file case with varies reasons,which lean to malicious jurisdiction struggle.The loopholes of laws also bring chances to misuse rights for litigants,so the phenomenon of reclaiming is serious,which leads to the delay of procedure.If problems of jurisdiction system can't be comprehensively resolved through procedure of rights relief,the goal of judicial justice and stable procedure will not be realized.This dissertation is classified into four chapters:Chapter one:the common theory of jurisdiction.Firstly,the paper stales the concept and claiming situations of jurisdiction objection.Then,the paper analyzes its value in great depth,clearly states its good with the respects of justice efficiency, benefit,and stability of procedure and makes the value the paper purchases go though it.The second chapter:Comparative analysis of jurisdiction objection system among foreign states.Mainly at home and abroad are under the jurisdiction of civil procedure rules objection inspection system,by comparison,found that civil jurisdiction of our country's lack of objection to the system.The third chapter:The problem that China encounters in jurisdiction objection system.This part iUustrates some of the existent limitations of jurisdiction objection system in China.These limitations are mainly consisted in three aspects:the first is that the protection of litigants' rights is inadequate.The second aspect is that courts take views of politics customarily when they dispose the jurisdiction objections.The third aspect.The fourth chapter:The reform and improvement of jurisdiction objection system of China.This is the principal part of this dissertation.In view of the existence of jurisdiction over the objection of the problem system,the first emphasis of China's civil jurisdiction over the objection sound system to be followed two principles: implement the procedure main body principle and observe the honest credit principle as the instruction.Secindly cnhancing the protection of litigants' right,through the way that extending the scope of subject and object of jurisdiction objection.Thirdly, improving the concrete procedure device of jurisdiction objection system,including cases of subjection should be localized.Procedural trial is common and paper is exception in dealing with jurisdiction cases,jurisdiction without bringing to account. restrictions for abusing the right of jurisdiction etc.The purpose of the paper is to deal with objection cases quickly injustice by way of improving jurisdiction objection and diminish objection cases at last.It has great practical meaning in dealing with objection cases.The system will be more comprehensive from the form to the content.
Keywords/Search Tags:civil action, the objection of civil jurisdiction, value of purchasing, procedure
PDF Full Text Request
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