The Theory Of The Objection Of Our Civil Jurisdiction System

The jurisdiction is the lawsuit entrance, which is the first defense line of the lawsuit fair. In the civil action, jurisdiction objection is the important constituent in the jurisdiction system, undertaking to correct and relief erroneous function when the court has not jurisdiction right. Therefore, the jurisdiction objection system is perfect or not, largely affects the realization of the substantive rights of the litigants. However, in the Civil Procedural Law of our country, the relevant provisions of the jurisdiction objection are sweeping、vague and Lack of maneuverability. The defects of the system design cause in the practice, on the one hand, these loopholes in the law provide an opportunity for the parties abuse jurisdiction and cause action delay; on the other hand, it also provides the court broad space to misuse, or abuse discretion and results the local protectionism. If these problems of the jurisdiction objection system cannot be properly solved by the right relief procedure, then certainly it will influence the judicial justice, the realization of the program stability. Viewing the present jurisdiction objection system, analyzing its existing problems, drawing on the extraterritorial jurisdiction reasonable objection system, the author puts forward some legislative suggestions to perfect our jurisdiction objection system of the country.The first chapter briefly introduces the civil jurisdiction objection system, consisting of three parts:the concepts and features of the jurisdiction objection system, and then introduces its origin of rights and function, on the base of which, analyses the relationship between the jurisdiction system and the jurisdiction objection system. The second chapter is the extraterritorial legislation of the civil jurisdiction objection system, mainly introduces the system of the extraterritorial representative countries, such as France, Germany, and the United State, simultaneously analyzing the system of the extraterritorial representative countries. The third chapter is the interpretation of the applicable conditions of the jurisdiction objection in civil action, including the objection to the jurisdiction of the subject, object, and intention expressed behavior. In the fourth chapter, the author analysis and comments the legislative situation of the jurisdiction objection in civil litigation, simultaneously indicates its problems, mainly including:the scope of the subject is not explicit, the scope of the object is excessively narrow, the applicable conditions are too simpler, the trial mechanism is not perfect, the relief mechanism is too complicated, and the disciplinary mechanisms is not perfect, and other things. In the fifth part of the article, the author put forward some ideas on the trend of the Legislative of our civil objection to the jurisdiction. Specifically, the part is divided into two parts to discuss. First of all, perfecting the civil jurisdiction objection System, the writer proposed that we should follow four principles, including the principle of equality litigation rights, the principle of subjectivity of the interested parties, the principle of timely manner, and the principle of Honesty and Credit. In the specific recommendations:defining the subject and object of the jurisdiction objection system, defining the admissibility procedures of the jurisdiction objection system, for example, the parties propose the objection period, shall submitted to some evidence, indicate that a court of competent jurisdiction, shall also pay the cost of litigation; improve the mechanism of the admissibility of the jurisdiction objection, such as the interpretation of the responsibility of the appellate Court, establishing the incidental litigation trial mode and the agreement instructional rule system, standardize the relief procedure of the objection to the jurisdiction system,clearly defined the responsibility for violation of the objection to the jurisdiction system, such as setting up legal cost payment system of the objection to the jurisdiction.