Discussing On The Evasion Of Jurisdiction In Civil Action And Its Countermeasures

With the continuous development of China’s social economy, the economic interestsincreasingly become the driving force of various acts, that individuals seek to maximize theirown interests has become the social trend. Which reflects in the civil action, that parties evadecivil jurisdiction to save lawsuit costs and have more chance to win the lawsuit has become aincreasingly common phenomenon, the people’s court evade civil jurisdiction for the impactof regional protectionism and the consideration of the court’s economic benefits has alsobecomes common. The phenomenon of evasion of jurisdiction has become increasinglycommon, which seriously damages the current judicial order and the lawful rights andinterests of the parties, its essence is an act of litigation fraud. This phenomenon exists nowbecause the parties or the courts are driven by economic interests, but the more importantreason is that the current system of jurisdiction has many shortages such as the imperfectionof the legal provisions of jurisdiction and the lack of vetting procedures of the jurisdictionobjection. Research the phenomenon of jurisdiction evasion in depth and put forward themeasures to regulate it, is not only beneficial to improve the existing system of jurisdictionand protect the legal rights and interests of the parties, but also beneficial to maintain thehealthy judicial order and improve the social credibility of the court.Accordingly, the author starts from the essential attributes of evasion of jurisdiction, onthe basis of the clearly defined jurisdiction evasion, the author try to acquire referentialexperience by comparing the legal provisions on the jurisdiction evasion of the civil lawcountries and the common law system countries, expounds the jurisdiction evasion of civilprocedure in detail from five aspects which include the features of evasion of jurisdiction, themanifestations of evasion of jurisdiction, the causes of evasion of jurisdiction, thecountermeasures of evasion jurisdiction and foreign referential experience. The thesis isdivided into five parts.The first part concerns the presentation of the jurisdiction evasion of civil procedure, theauthor analyses several main academic viewpoints of evasion of jurisdiction and obtained adetermination of the connotation of the evasion of jurisdiction, that is, the parties or the courttake calculated measures to evade the jurisdiction of the competent court while court whichhas no jurisdiction can accept the cases, its essence is litigation fraud. Meanwhile the authoranalyses the characteristics and harmful consequences of evasion of jurisdiction. The second part states foreign legal regulation rules on evasion of jurisdiction and theirsignificance as reference to China. Based on the introduction of the legal regulation rules onevasion of jurisdiction of the major countries of civil law system and common law system, theauthor obtains some regulation measures suited to China’s national conditions such as theimprovement of the grade jurisdiction standard, the establishment of the remedy procedure ofjurisdiction evasion and so on.The third part concerns common cases of jurisdiction evasion in judicial practice whichinclude evasion of the grade jurisdiction, evasion of the territorial jurisdiction and otherevasion cases. This part meticulously analyses the specific tricks and the available systemdefects of these jurisdiction evasion acts combined with judicial cases.The fourth part expounds the reasons why the jurisdiction evasion of civil litigationexists in China. The author explains the reasons of evasion of jurisdiction in detail from threeaspects which include the parties, the court and the jurisdictional system to lay the basis of thenext proposed regulation countermeasures.The last part is the key part of this thesis, which concerns regulation measures andsuggestions to rule China’s evasion of jurisdiction of civil litigation. In allusion to commoncases of evasion of jurisdiction in juridical practice, the author considers that to propose themeasures which are used to crack the tricks of jurisdiction evasion is not enough, what ismore crucial is to strengthen the publicity of jurisdiction law knowledge and improve thecurrent jurisdictional system. Therefore, the author puts forward the countermeasures andsuggestions about the jurisdiction evasion’s regulation which include the following aspects,that is, the establishment of the pretrial conference system which is used to review theobjections to jurisdiction, the perfection of the remedy procedure which is used to resistevasion of jurisdiction, the construction of the punishment mechanism concerning evasion ofjurisdiction and so on. The author expects to provide the effective solution to evasion ofjurisdiction by proposing these measures, in order to resolve both manifestation and rootproblems of the litigation fraud act.