System Of The Objections Of Civil Jurisdiction

With the development of market economy and civilization, justice of law is being the goal that people are purchasing. Justice act is the last check and the most important and efficient way to keep the justice of law. Therefore irreplaceable advantage of procedure resolution system is being highlighted, comparing with other systems. Under the procedure ,the first step is jurisdiction .As the "gate" of procedure, good order, consummate rule of jurisdiction and smooth objection to the procedure have great meaning to balance procedure, realize judicial justice and protect procedural rights of litigants .However, due to negligence in legislation and trial practice, jurisdiction system, especially objection to jurisdiction of rights of jurisdiction , has not been highlighted enough comparing with other systems in theatrical research of civil procedure of rights relief. However, due to lately established, generally stacked, administrated in resolving ,and free determinable to great extent by judges ,it leads to disorder in practical adoptions and influents the dignity and unit of law. Stimulated by benefit, courts contest for jurisdiction and file case with varies reasons, which lean to malicious jurisdiction struggle. The loopholes of laws also bring chances to misuse rights for litigants, so the phenomenon of reclaiming is serious, which leads to the delay of procedure. If problems of jurisdiction system can't be comprehensively resolved through procedure of rights relief, the goal of judicial justice and stable procedure will not be realized.The writer analyzes the limitation of jurisdiction objection with the views of theory and practice and put forward the thought of reconstructing the system of jurisdiction as an isolated procedure. According to the principle of separating case-filing and hearing, it will keep the way that objection cases are tried by case- filing court under the case mode. Stating in specific ,the writer makes the proposal to learn foreign laws and introduce the systems of jurisdiction without bringing to account, objection without right and so on to guarantee the smooth development of objection procedure. The paper has four chapters. There are about 30,000 words except preface and conduction.Chapter one : the common theory of jurisdiction .Firstly ,the paper stales the concept and claiming situations of jurisdiction objection. Then, the paper analyzes its value in great depth, clearly states its good with the respects of justice efficiency, benefit, and stability of procedure and makes the value the paper purchases go though it. Lastly, the paper points out its limitations, which are directing of "attaching more importance to substantive laws than procedural laws". Problems formulating substantive and procedural rules of objection system are exist. They lead to the phenomenon of jurisdiction contesting and shrinking which cannot be forbidden in judicial practice and delay of procedure, doubting to procedural justice. In view of this, it is impossible to establish scientific and reasonable system of jurisdiction objection, without correct value theory.Chapter two: checking system of jurisdiction objection in practice .This part objectively analyzes the real situation of the system. It analyzes its limitations from aspect of theory; rule and practice .The limitation of the theory comes for disregarding of procedural research in primary stage of the law. Although the theory of procedural justice has been planted in people's heats with great depth and the value of procedure is highlighted, it's undoubted that civil procedural systems, especially system of jurisdiction objection, are incomprehensive .In conclusion; there are lots of limitations in theory research of the system. Limitations in the aspect of rules are mainly consisted in there aspects: the first is that scope of the subject and object is excessively faintness, which can't protect litigant's rights in the greatest extent; the second is that it's so free in choosing procedural and substantive trial for cases of jurisdiction objection that the great discrepancy are formed in acceptation of standard; the third is that judges have no rules to follow in dealing with jurisdiction contest due to lack of suitable jurisdiction objection procedure. The problems of practical aspects are local protectionism, jurisdiction contesting and rights of jurisdiction objection abusing .They lead to delay of procedure. The paper will deal by analysis of jurisdiction objection system in china. These problems will be discussed in the flowing parts.Chapter three: improving procedure of jurisdiction objection. It's the main part of the paper. The writer puts forward advice for problems in the second chapter to improve the procedure of jurisdiction objection. Firstly the subject of the objection should be confirmed. The scope of the subject can't be restricted as the defendant. It's analyzed that whether accusers, co-litigants, the third persons and courts have subject status. Secondly, in order to enlarge the scope of the objection, objects of it should be enlarged at first. It will offer more ways of rights protection to the great extent. Besides of regional jurisdiction, differential jurisdiction, adjudged jurisdiction and coalition jurisdiction all have possibility of claiming for objection. As for the way of investigation, it should adopt the way of attaching more importance tithe form than the substance. Cases of subjection should be localized. Procedural trial is common and paper is exception in dealing with jurisdiction cases. Connected systems should be formulated to keep the smooth development of the procedure. These systems are jurisdiction without bringing to account, withdrawing objection, objection without right, restrictions for abusing the right of jurisdiction etc.Chapter four: application of laws in objection cases. Above parts make research of the objection procedure from the aspects of performing ways. In this part, the writer makes problems of the jurisdiction clear cases of contract disputes by way of analyzing invested material in objection cases acceptation. The writer claims confirming the concept of "usual place of residence", puts forward the thought that confirming the performing place of the contracts, and discusses how to judge the right of jurisdiction in the situation of concurrent of responsibility. The purpose of the paper is to deal with objection cases quickly injustice by way of improving jurisdiction objection and diminish objection cases at last .This part revises the jurisdiction system with the view of substantive rules. It has great practical meaning in dealing with objection cases. The system will be more comprehensive from the form to the content.