Civil Procedure Jurisdiction Objection System

The objection of civil jurisdiction is an important jurisdiction system of civillitigation. To a great extent, whether such system is consummate or not affects theactualization of litigants' substantive rights. There are many differences betweenChina and other states in jurisdiction objection system. In China, the provision ofjurisdiction objection system in Civil Procedural Law is very superficial and there israre 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, theprotection of litigants' rights is not sufficient, and judicial review of courts is excess,and disposal results can not be substantively impacted by litigants in officialoccasions as well. In practice, the courts of different districts contest jurisdictionfrequently due to the benefit of local economy, the phenomenon of localprotectionism is highly common, and simultaneously litigants use jurisdictionobjection as a customary strategy. Such limitations have already realisticallyendangered the actualization of Procedure Justice and Substantiality Justice. At thesame time, they weakened the legislative function of jurisdiction objection systemwhich aims at protecting the litigants' rights and insuring equitable judgement.However, in the judicial reform of civil procedure through last decade, attention thathas 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 theexistent issue of jurisdiction objection system and propose some reform suggestions. This dissertation is classified into four chapters: The first chapter: The outline of jurisdiction objection system. The definition andcharacters are specified in the first place and then a brief introduction concerninghistory development of jurisdiction objection system will be given. On the basis of thefacts mentioned above, a deep analysis on theoretical value of jurisdiction objectionwill be made. This chapter will also illuminate that jurisdiction objection system is theguarantee of actualizing jurisdiction and litigation rights, which at the same timeinsures the inter-restriction between them.The second chapter: Comparative analysis of jurisdiction objection system amongforeign states. This chapter introduces and comparatively studies the jurisdictionobjection system in representative nations of civil law system and Anglo-Americanlaw system. Common characteristic of jurisdiction objection system among foreignstates will be summarized, such as prescribing the proposing time and grounddefinitely;adopting the pattern customarily that jurisdiction objection is collateralcivil proceedings, applying the principle that jurisdiction objection should be made bylitigants and at the same time ascertaining an exception that court can perform thejudicial review according to its authority;prescribing jurisdiction system of impliedagreement definitely.The third chapter: The problem that China encounters in jurisdiction objectionsystem. This part illustrates some of the existent limitations of jurisdiction objectionsystem in China. These limitations are mainly consisted in three aspects: the first isthat the protection of litigants' rights is inadequate. Concretely, the scope of subjectand object is excessively confined;the second aspect is that courts take views ofpolitics customarily when they dispose the jurisdiction objections. There is noadequate restriction on judicial review of courts, which result in local protectionism.There is administrative trend in the ways that courts use to review;thirdly, theconcrete procedure device of jurisdiction objection system is unreasonable. Forexample, the system of litigants' burden of proof is absent;handling time ofjurisdiction objection is indefinite;and litigants abuse jurisdiction objection. In thispart, some main issues which this dissertation plans to solve are proposed practicallyand intensively.The fourth chapter: The reform and improvement of jurisdiction objectionsystem of China. This is the principal part of this dissertation. To improve and reformjurisdiction objection system of China, four proposals are suggested as follow: Firstly,enhancing the protection of litigants' right, through the way that extending the scopeof subject and object of jurisdiction objection;Secondly, reforming the judicial reviewsystem. Concretely, confirming the courts' duty of disclosure and improving thereview method of jurisdiction objection;Thirdly, improving the concrete proceduredevice of jurisdiction objection system, including establishing the procedure ofhearing so as to enhance litigants' burden of proof, confirming handling time ofjurisdiction objection, establishing warning system to avoid that litigants abusejurisdiction objection, and founding implied agreement jurisdiction;Finally, adoptingthe pattern that litigation is collateral civil proceedings. In response to the objective ofthis dissertation, this chapter, the most important part of the dissertation, tries toestablish a new pattern of jurisdiction objection.