On The Objection To Jurisdiction Of Civil Litigation

Jurisdiction is the entrance of the litigation, the system of objection to jurisdiction is one of the systems of civil litigation to have jurisdiction over cases correctly for the courts, also is the important system to safeguard the legitimate rights and interests of the parties and highlight fairness and justice of judicature. Jurisdiction of civil litigation is a complex and important issue, jurisdiction of courts which identified correctly at all levels and localities in judicial practice is very important. The author works in the filing court, dealing with the cases about issues of jurisdiction long-term. Through trail practice, the author recognizes that the jurisdiction identified correctly in some cases is very complex and difficult, the different opinions on the nature of cases' facts and the different understanding of laws can make different conclusions in courts having jurisdiction over a case or not. In judicial practice, the abuse of objection to jurisdiction, the dispute of jurisdiction, the disorder of jurisdiction etc. often happen, not only make it difficult for parties to the litigation rights are protected, to some extent also undermined the authority of judicature, reducing the judicial credibility of the people's courts. In view of this, the author believes that it's necessary to re-examine the system of jurisdiction of civil litigation, regulate and standardize clearly the principle of litigation, subjects and objects of objection and trial procedures of the system of objection to jurisdiction, to achieve the proper exercise jurisdiction in courts and the purpose of protecting the rights of the parties to litigation.This article discusses the system of objection to jurisdiction from the trial practice, including four parts:partⅠ:the outline about the system of objection to jurisdiction, including conceptual understanding, function and system of values, the conditions and the general process of objection to jurisdiction; partⅡ:the system of objection to jurisdiction on comparative law, comparing the system of objection to jurisdiction between the countries of two law schools, also make reference; partⅢ:the analysis about the problems and causes in legislation and judicial practice of objection to jurisdiction in china, mainly is the unclear range of subjects, the narrow range of objects, non-standard proceedings, the abuse complaint of parties, competition under the jurisdiction of the courts etc.; partⅣ:the improvement of objection to jurisdiction in china, mainly discussed from the principles which is the system of objection to jurisdiction to be followed, clearing the range of subjects and objects, standardize hearing procedures and methods of objection to jurisdiction, the restrict of filed objection to jurisdiction etc., in order to improve the system of objection to jurisdiction in civil litigation in china.