Research On The Objection System Of Jurisdiction Of Civil Action

The objection system of jurisdiction of civil action is an important system of relief. The objection system of China is quite different from the systems concerned abroad. In the Civil Procedural Law of the People's Republic of China, there are merely general provisions on the jurisdiction objection system. In addition, the judicial interpretations on this issue are not detailed and complete and theoretical research of the academic circle into this field is inadequate. Therefore, the system has some deficiencies in judicial practice in China. To be concrete, the system is unable to protect the right to action of the party effectively. The function and power of the people's court in supervision is discretionary, and the party is unable to substantially affect the result by means of procedures of action. In judicial practice, the people's courts at all levels often seize jurisdiction motivated by local economic profits and the phenomenon of local protection is common. The party also takes the objection system of jurisdiction as a customary strategy to delay the action. In all, these deficiencies have really endangered the realization of procedural justice and substantial justice. The legislative function of the objection system of jurisdiction can not be performed very well in protecting the right to action of the party and in guaranteeing the equitable judgment. In more than ten years'civil judicial reform, the issue of the objection of jurisdiction has not been emphasized properly. In this thesis, the author starts from introducing the objection system of jurisdiction, and then analyzes the problems in existence, and puts forward suggestions on reform in order to improve the objection system of jurisdiction of civil action in China.