Research On System Of Jurisdiction Objection In Our Country

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. During the lawsuit procedure, the first step we encounter is jurisdiction. Because the complicated rules of jurisdiction and the inner contradiction of the parties lead to the difference opinions between the parties and the judge, it is the current practice throughout the world that the parties have the right to raise an objection on the jurisdiction. As the 'gate' of lawsuit procedure, a fine order, a perfect regulation, 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, in our country, due to lately establishment of jurisdiction system, the regulation sometimes too general. Furthermore, the treatment way currently in effect is too adminisraition-rization. As the result, on one side, legal loophole give chaces to some litigants to misuee rights, which leads to the delay of procedure. On the other side, according to current procedure laws judge's authority is too big, which leads to regional protectionism. 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.The writer analyzes the limitation of jurisdiction objection with the views of theory and practice and put forward the thought of reconstructing the system of jurisdiction . The paper has five chapters. There are about 30,000 words except preface and conduction.Chapter one : the common theory of jurisdiction objection. Firstly,the paper stales the concept and claiming situations of jurisdiction objection. Then, analyse the value of jurisdiction objection to the litigants, court and soceity, admit jurisdiction objection effect impartial to the procedure and the entity. The paper analyse the rational of a good jurisdiction objection system: under the cooperative system, the one who attend the legal action should coordinate with others, only in this way, it would benifeicail to the whole legal action and help to get a good resolution of the dispute. The paper emphasize that judge should respect contesting party impartially, ensure litigants' right to participation. At the same time, honest credit principle must be taken seriously. Chapter two: inspecting system of jurisdiction objection outside the border. The paper inspect similar systems in both Civil law countries and UK-US genealogy of law contries, such as France, Germany, Japan, United Kingdom and the USA. Then the writer sum up the experience ruling developed country relevance system by law, abstract the common essentials.Chapter three: checking system of jurisdiction objection in practice. In conclusion; there are lots of limitations in theory research of the system. Limitations in the aspect of rules are mainly consisted in these aspects: the first is that scope of the subject and object is excessively ambiguous, which can't protect litigant's rights in the greatest extent; the second is that it's so free in choosing procedural and substantive trial for cases of jurisdiction objection that the great discrepancy are formed in acceptation of standard; the third is that judges have no rules to follow in dealing with jurisdiction contest due to lack of suitable jurisdiction objection procedure. The problems of practical aspects are local protectionism, jurisdiction contesting and rights of jurisdiction objection abusing .They lead to delay of procedure. The paper will deal by analysis of jurisdiction objection system in china. These problems will be discussed in the flowing parts.Chapter four: improving system of jurisdiction objection. The writer puts forward advice for problems in the third chapter to improve the procedure of jurisdiction objection. Someone has a viewpoint to think that it's better to enlarge the scope of the object and subject, not only the defendant, but also co-litigants, the third persons...In view of this, the paper has a different viewpoint, the scope of subject and object is not the larger the better. It is impossible to establish scientific and reasonable system of jurisdiction objection, the scope of the subject and object should be restricted, but the law would offer more ways of rights protection to protect contesting parties.Chapter five: perfect several our country relevance regulation system tentative plan. System of jurisdiction objection is just a point of penetration the paper has been chosen, however, it's easy to see that any system can exsit isolatedly. Isolated watching problem and improving system of jurisdiction objection isolatedly would be equal to treat head when the head hurts, treat foot when the foot hurts. So the writer has brought forward several tentative plan. People who abuses right would accept punishment, it would prevent litigant from abusing right. Make clear that the judge has duty to inform litigants about jurisdiction, Build tacit declaration administer system by agreement to keep the stability of civil procedure. Improve the quality of law people is also important. Use the occupation behavior bear risk going against the sincere message criterion and pay a price.