The Perfection To The Objection Of Jurisdiction System

In the judicial practice, the plaintiff must want to go to the favorable court, this will be obviously not conductive to the defendant lawsuit rights' protection. In order to be balanced the lawsuit right of plaintiff and defendant, it is necessary to ensure defendant the right of jurisdiction objection. At the same time, jurisdiction objection system also have the important role in ensuring court correctly driving jurisdiction. Therefore, legislation must give the explicit requirements to the jurisdiction objection system. But, our civil procedure law only used one item to give the requirements. Our civil procedure law is too easy that has formed the huge contrast with the jurisdiction objection system's importance and complexity. Moreover, the 38th item of the civil procedure law is too abstract that lacks feasibility. This caused in the practice discretion of judge about the jurisdiction objection system freedom is too big, which violates legal predictability. Regarding without independent third-party claim whether as the jurisdiction objection's subject and level of jurisdiction object's, at present academic circle's argument is big. Increasing subject and object range of the jurisdiction objection, not only advantageous litigant lawsuit right protection, but also plays important role in preventing from abusing the jurisdiction's behavior; The jurisdiction objection procedure of our country stipulates too simply, the litigant only need raise objection instead of explaining reason, causing the litigant abuses the jurisdiction objection power; Administration's trial model does not favor dispute's correct solution, causes the litigant dissatisfied the processing result; Proceedings also need improvements, It is accepted case's judge to process the jurisdiction objection in practice, because of non-unification standard, the processing result of identical court is also variety. Finally, although jurisdiction correct exercise or not plays the important role in protecting litigant's substantive right, it must be moderate about jurisdiction objection's relief procedure. At present, our country stipulates too complicated about jurisdiction objection system's relief procedure that does not favor to the litigant lawsuit rights' protection. Our country civil procedure law must give the specific stipulation about the jurisdiction objection system, enables it has the function of predictability and feasibility. Regarding the jurisdiction objection system, the overseas related stipulation is relative consummation. Therefore, this article bases on our country jurisdiction objection system's present situation, profits from overseas jurisdiction objection system's stipulation, proposed certain ideas about consummating our country jurisdiction objection system. In brief, our country civil procedure law must stipulate explicitly the jurisdiction objection system that guarantees jurisdiction objection power's correct use and protects litigant's legal rights.