Civil Jurisdiction Objection In The Basis Of The Principle Of Good Faith

Civil Procedure Law has been a meeting in the standing committee of the11th National People’s Congress in Aug.31,2012. The principle of good faith in article13as the basic principle has been acknowledged. The code of the principle of good faith is that Citizens at the time of the exercise of freedom and rights shall not harm the interests of national interest, social interest, collective interest and the legitimate freedom and rights of other citizens in article51of constitution. That is to say, the behavior is harm for the other citizens, actor should be punished. Civil Jurisdiction objection in Civil Procedure is a part of Procedural relief system, which is one of vital rights of litigants. Civil jurisdiction is related to the stable basic order in the process of dispute resolution. Moreover, it is also affect the Procedural Justice in civil procedure. The principle of good faith requires that abuse of civil jurisdiction objection is prohibited.The paper is basis of the principle of good faith to analysis the Civil Jurisdiction objection system. It is consists of five part. Introduce the contrary to the principle of good faith in civil jurisdiction objection system mainly. Includes two aspects, firstly abuse right of the jurisdiction from the court, secondly, the court use the authority abuse of discretion. Analyze the cause of formation and from the perspective of the causes of problems. Discussing the methods to perfect the civil jurisdiction objection system, finding how to in the civil litigation jurisdiction objection system implements the principle of good faith. For one thing,by using the honest credit principle and efficiency principle to direct the civil jurisdiction objection system for another using Legislation and corresponding measures to further standardize the civil jurisdiction objection system. Restrain abuse of civil jurisdiction objection and misuse of the court’s discretion hope for the perfection of civil jurisdiction objection system, more effective play to the role of the civil litigation jurisdiction objection system.