Study On The Jurisdiction Objection System Of Civil Litigation

Objection to jurisdiction in the nature of a party is entitled to a procedure in which a sense of right, its role in the manifestation of against the other party to choose the right program in the form of rejection by the court of appeal of the case jurisdiction, forcing the appellate court to stop the case near the beginning of the substantive hearing, then translate for the procedure, according to the result of the trial and eventually to transfer the case to the court with jurisdiction for the substantive hearing. How to draw lessons from foreign experience, combined with China's actual conditions, an in depth analysis of the theoretical basis and value function, reform and perfect our country's objection to civil jurisdiction system is based on the path.This thesis consists of 25,000 words and can be divided into five partsThe first part is The jurisdiction objection system 's function and value.The jurisdiction objection system of value and function is conducive to the protection of the benefit of litigation, embodies the litigious right and judicial authority restrict each other, help to achieve both litigants' right of equality, eliminate the negative impact of local protectionismThe second part is China's jurisdiction objection system running status.This department is divided into three sections.Section .The first section describes the current our country jurisdiction objection system of applicable conditions. Section second introduces our country court on the jurisdiction objection handling. Section third summarizes our country parties to the jurisdiction objection processing results of the relief.Part III is To foreign countries on the jurisdiction objection of legislation and judicial practice and the presentation and evaluation.This department is divided into two sections. The first section introduces Japan, Germany and other countries to the jurisdiction objection legislation and judicial practice. Section second of the legislative and judicial practice, the advantages are summarized and absorption.The fourth part is t China's current civil jurisdiction objection system defects.This department is divided into two sections.Section .The first section presents our current civil jurisdiction objection system insufficient performance. Second section of deep mining of our country civil jurisdiction objection defect origin. Part V is On China s current civil jurisdiction system reform and perfection.This department is divided into two sections.Section .The first section puts forward the reform and perfection of objection to civil jurisdiction principle. Section second specific design of reforming and perfecting China s present civil jurisdiction objection system specific measures.