Research On System Of Jurisdiction Objection In Our Country

Objection to the jurisdiction has significant meaning to the protection of the parties' litigious right, prevention of local protectionism, and serving of justice. But at this stage, Objection to the jurisdiction has many problems, whether in legislation or judicial practice. In specific, over-vagueness in legislation, over-censorship in court, the parties lack of methods to affect the court's verdict, have caused the imbalance of the parties' litigious right and the court's jurisdiction. In judicial practice, courts based on local economic interests, are driven by frequent competition for jurisdiction over the case; what is more, some attorneys utilize the objection to the jurisdiction in a malicious way, delaying the proceedings as their basic tactic. The series of drawbacks are completely contrary to the process and substantive justice which civil procedures pursuit, and severely affect the usefulness of the system of objection to the jurisdiction. In order to promote the rightfulness of the court's jurisdiction, protect the parties ' litigious right and the litigation justice. This essay begins on the value of objection to the jurisdiction. It analyzes the legislation of our country's objection to the jurisdiction in civil procedures and the concrete problems in judicial practice. Standing on the basic principal of civil procedure and the latest judicial interpretation, it proposes suggestions on expansion of the main and objective scopes, and as a chance to reform the censorship of objection to the jurisdiction, to build a punishment system of the abuse of this right and a jurisdictional system setting implied agreement.