On Jurisdiction Objection System In Administrative Litigation

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 administrative litigation law. In the administrative litigation law, jurisdiction objection is the important constituent in the jurisdiction system, undertaking to correct and relief erroneous function when the court has not jurisdiction right. However, in long period of time, long-standing jurisdiction objection is only mentioned by Scholars of civil Procedure Law, Few people of administrative litigation has Discussed it. In fact, the reality from our perspective, the issue of administrative proceedings in the same jurisdiction of a case closely linked. In China, the provision of jurisdiction objection system in administrative litigation law is very superficial and there is rare judicial interpretation concerning this issue, and meanwhile the theoreticalresearch in academia is scarce, therefore there are some limitations of jurisdictionobjection system exist in the practice of judicature. In theoretical aspect, the protection of litigants' rights is not sufficient, and judicial review of courts is excess, and disposal results can not be substantively impacted by litigants in official occasions as well. In practice, the courts of different districts contest jurisdiction frequently due to the benefit of local economy, the phenomenon of local protectionism is highly common, and simultaneously litigants use jurisdiction objection as a customary strategy. Such limitations have already realistically endangered the actualization of Procedure Justice and Substantiality Justice. At the same time, they weakened the legislative function of jurisdiction objection system which aims at protecting the litigants' rights and insuring equitable judgement. However, in the judicial reform of administrative litigation through last decade, attention that has been given to the issue of jurisdiction objection is insufficient. This dissertation, which aims at improving the objection system of civil jurisdiction, tries to analyze the existent issue of jurisdiction objection system and propose some reform suggestions.This dissertation is classified into three chapters. The first chapter is on the value of jurisdiction objection, including the concept and legal value. The second chapter is about the outline of jurisdiction objection system in both legislation and research situation in our country. The author analysises on the current legislation and study in a more specified aspect with which is the demostration analysis in China. The third chapter is about the reform and improvement of jurisdiction objection system of China on the basis of the present situation and problems that China encounters in jurisdiction objectionsystem. This part illustrates some of the existent limitations of jurisdiction objectionsystem in China and discusses some reformal directions for the improvement.