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The Objection To The Jurisdiction Of A Civil Action Abuse Research

Posted on:2013-01-31Degree:MasterType:Thesis
Country:ChinaCandidate:J RuanFull Text:PDF
GTID:2216330371994612Subject:Law
Abstract/Summary:PDF Full Text Request
The jurisdictio objection system is an important part of China's civil procedures law. Whether this system is sound concerns the realization of litigants' substantive rights. The imperfect provisions on jurisdictio objection system of China's civil procedures law have availed litigants of this system for postponing litigations, which, not only leads to the deviation of current jurisdictio objection system from the original purposes for its establishment thereby severely impairing the efficiency principle of civil procedures, but also substantially squanders the otherwise limited judicial resources of China. Predicated upon data in connection with the precedents about abuse of Jurisdictio objection rights, this paper, by drawing upon the theoretical research by the litigation law scholars into the issues of Jurisdictio objection, makes analysis of the causes and harms concerning abuse of Jurisdictio objection rights; also, in light of the relevant judicial practice, it advocates measures to counter and regulate abuse of Jurisdictio objection rights with an effort to improve the relevant systems and provisions and further to reach the objective of perfecting the Jurisdictio objection system in the civil procedures of China.This paper comprises of five chapters as follows:Chapter One is entitled the Outlines on Jurisdictio Objection System wherein analysis is made of the concept, characteristics and theoretical values of the Jurisdictio objection system, and introduction is conducted to the major problems arising out of judicial practice about abusing jurisdictio objection rights.Chapter Two is entitled the Characteristics and Harms of the Conducts Regarding the Abuse of Jurisdictio Objection Rights. This is achieved through an analysis of the data concerning the reality of abusing Jurisdictio objection rights in the court where the author sits as a judge as well as the typical cases of abusing Jurisdictio objection rights.Chapter Three is entitled the Causal Analysis of Abusing Jurisdictio Objection Rights. The causes of abusing Jurisdictio objection rights are profoundly examined by exploiting the legislative defects of the Jurisdictio objection system, the subjective element attributable to litigants and the absence of incidental systems concerned.Chapter Four is entitled the Comparative Research into the Legislative Regulation of Abuse of Jurisdictio Objection Rights. Introduction and comparative research are respectively attempted of the jurisdictio objection systems between the Continental Legal Systems and the Anglo-American Legal Systems, thereby summarizing the major similarities and merits worth learning of foreign jurisdictio objection systems.Chapter Five is entitled Suggestions on Regulating the Abuse of Jurisdictio Objection Rights. Blueprints for improvement and reforms are formulated in light of the judicial reality about abuse of jurisdictio objection rights.
Keywords/Search Tags:Civil Litigation, Jurisdictio Objection Right, Abuse
PDF Full Text Request
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