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

Fairness and justice are the fundamental value of Law. The procedure justice ensures the substantial justice to be realized. The jurisdictional system occupies a key position in the whole civil procedure. A clear and reasonable jurisdictional system can help the litigants use their right correctly and make sure the trial was made fairly, since it concerns the litigants' sue right. However the jurisdictional system in force of our country has so many flaws, such as the jurisdiction law is not perfect, the objection system against jurisdiction has not been well established. Especially in nowadays, people would use the flaws of the jurisdictional law to circumvent jurisdiction in order to pursue their own interests. Plus the judicial system is not perfect and the quality of the judges varieties a lot, which make the phenomenon of circumvent jurisdiction even worse. Those factors not only offence the litigants' right, but also affect the justice in a negative way. Therefore, we need to do the research to avoid the circumvent jurisdiction happen. According to the statement above, firstly, from the definition of the circumvent jurisdiction angle, author here present the definition of the circumvent jurisdiction by analyzing and summarizing the conception of different intellectuals. Secondly,compare the jurisdictional system of different countries and hope to find something our country could use for reference. Thirdly, summarize the circumstances of circumvent jurisdiction from the juridical practices and analyze the fundamental reason. Based on that,present some strategies conform to our country, and expect to manage those fraud behaviors for symptoms and for root cause.