Civil Jurisdiction Objection System

Jurisdiction system in civil procedure has been highly evaluated by many countries for its importance on right to appeal. It is the significant symbol to guarantee procedural justice. Jurisdiction system also has been a long time in our nation. Recently, there was disorder, injustice, jurisdiction contest in our civil procedure practice influenced by local protectionism, and to strengthen the relief system of jurisdiction in judicial reform should be imperative. Undoubtedly, as a kind of right to relief in civil procedure, jurisdictional objection is an effective remedy to restrict power, it plays an irreplaceable role in ensuring equity on rights of action, maintaining procedural justice, making up negligence in filing review. Civil Procedure Law Of The People's Republic Of China has provided principles only in Article 38 in jurisdictional objection, whereas this provision and the other provisions in judicial interpretation which constitute our national jurisdictional objection system, were so general in subject-object range, judicial system, remedy procedure, and were so general in distinguishing administration and jurisdiction, that there were so much abuse in jurisdictional objection and high-rate objection with low-rate support in judicial practice.With the development of judicial reform and academic research, there are more attention on improving jurisdictional objection in our civil procedure law. The Supreme People's Court, Shanghai High People's Court have issued rules and regulations about the reasonable treatment of jurisdictional objection, these rules and regulations played a certain role. However, these rules and regulations do not fundamentally solve jurisdiction problems, from 2010 to now on, debate on jurisdictional objection intensified. The news about real or fake'Kai Xin net', 'www.amazon.com.cn'hardware gate were disclosure totally in major media, the parties were so unreasonable in using jurisdictional objection, which aimed to put off the lawsuit, that the jurisdictional objection system once again becomes a hot spot in society, media and academia.This article takes historical analysis, value analysis, comparative research and empirical analysis for approach, it analysis and contrast domestic and foreign legislation and judicial situation. This article also advices on improving legislation on civil procedure jurisdiction, conditionally simplifying remedy procedure of the jurisdictional objection, disciplining and punishing abuse of jurisdiction, based on balance of right to appeal and power to adjudge, principle of good faith, moderate relief.