The Perfection Of The Jurisdiction Objection System Of Civil Procedure In Our Country

As a major relief system, civil procedure objection to jurisdiction systemembodies the respect and protection to the parties’ right of appeal, as well as providesan institutional guarantee for the court exercising jurisdiction. The system is of greatsignificance for the parties and the court. However, the imperfection of the civillegislation leads to the objection to the jurisdiction of the functionality of the systemalienation in practice. As a result of the legislation, the subject and object were toonarrow, the objection to the trial mechanism is unreasonable, and objection reliefprogram is too complex etc. And as well, the phenomenon of the parties abuse theright to challenge jurisdiction, the objection to the jurisdiction of the re-trial relief isdifficult to practice often happen in the judicial practice. In order to make theobjection jurisdiction system perform its proper functions, from the general theory ofthe objection the jurisdiction of the system, this paper discusses the theoretical basisof the system of objection to jurisdiction, and as this starting point, combined withthe relevant provisions of foreign legislation on the objection to jurisdiction systemdeeply analysis the problems of the civil jurisdiction objection system in thelegislative and judicial practice, and then specific ideas to improve the system ofChinese objection to jurisdiction. First of all, to establish the theoretical basis of themutual restraint of the right of appeal with jurisdiction, strengthen litigation dominantposition of the parties, reasonably regulate of the jurisdiction of judges, to find abalance between the right of appeal and jurisdiction in the dynamic. Secondly, fromthe perspective of strengthen the protection of procedural rights of the parties andperfect the mechanism of objection to the jurisdiction, put forward specific proposalsto improve Chinese civil jurisdiction objection system from a system perspective,such as expand the scope of the objection to jurisdiction of the subject and object;reasonably regulate of the parties abuse of the behavior of the objection to jurisdiction;simplify relief procedures; cancel the relief of retrial procedure, improve efficiency ofthe proceedings.