On The System Of Civil Jurisdiction Of Objections

Objection to the jurisdiction is an important component of the jurisdiction system of civil litigation.With a certain complexity in the issues of Jurisdiction,the court may handle the case which is not under the jurisdiction of the court due to erroneous understanding of the judges,or deliberately do it due to various reasons.Thus,the provisions of jurisdiction objection are generally made to provide the litigants with a relief right to the wrong jurisdiction in the Codes of Civil Procedural Law in the world.In China,Jurisdiction objection system is also established in the Civil Procedural Law,but there are shortcomings and inadequacies in it. In the event of the wrong jurisdiction in litigation practice,the litigation rights and the closely related Substantive rights of the litigants had been violated because objection to the jurisdiction by the litigants often meet many restrictions.Chinese scholars of Civil Procedural Law are facing an important issue of reforming and improving the system of jurisdiction objection in China.I am trying my best to make modest contributions to improve the system of civil jurisdiction objection of our country by some useful exploration.This dissertation is classified into four chapters.The following are major elements of the chapters:ChapterⅠThe outline of the system of jurisdiction objection of our country Firstly,The definition of jurisdiction objection has been given;Secondly,a brief introduction to the conditions and procedures of jurisdiction objection of our country has been made;Finally,three aspects of the value of jurisdiction objection have been extracted,and it is pointed out that we need to set up the civil systems of jurisdiction objection for ensuring fair trial,protecting the equal rights of the litigants and achieving the maximum efficiency of litigation.ChapterⅡcomparative study of the systems of extraterritorial jurisdiction objection A brief introduction has been made to the civil systems of jurisdiction objection of the typical common law and civil law countries such as the United States,France,Germany,Japan and China's Taiwan region in this chapter.An analysis of variance and extract of the common has been made through comparative studies of the systems of jurisdiction objection in representative nations of civil law system and Anglo-American law system with a view to taking it for reference for improving the system of jurisdiction objection of our country.ChapterⅢThe problems in the system of jurisdiction objection in China The author points out that there exist three main problems in the system of civil jurisdiction objection of our country:first,it is limited in scope to protect the rights of the litigants;Second,there exist the substantial defects in the administrative mode;third,there is no adequate restriction on the abuse of Objection to the jurisdiction by the litigants.These systemic flaws affect the realization of the value and function of jurisdiction objection of our country.Therefore,we need reform and improve it.ChapterⅣThe reform and improvement of the system of civil jurisdiction objection of China Put up with some specific ideas of reforming and improving the civil system of jurisdiction objection of our country against the main problem in it.First,appropriately extend the scope of protection of litigants' rights,including the scope of subjects and objects of jurisdiction objection;Second,re-design and construct the mode of processing objection to the jurisdiction,transforming the administrative mode to collateral civil proceedings;Third,set up the restrictions on the abuse of Objection to the jurisdiction by the litigants, raise the conditions of objection to the jurisdiction,and increase the economic cost in the abuse of objection to the jurisdiction.