A Study On The Problem Of Abuse Of Jurisdiction In Civil Action In China

The purpose of establishing the system of objection to jurisdiction in China is to restrict the plaintiff's right to sue,prevent the occurrence of "judicial local protectionism",in order to protect the rights and interests of the accused,and ensure that the jurisdiction is properly exercised.But in practice,due to the complexity of the jurisdiction of the system itself and the existing laws and regulations are not perfect,a lot of the malicious abuse jurisdiction,its purpose may be simply to delay the proceedings,may also be in order to obtain more fully the respondent may also be prepared,to show off the so-called "right of action technique application".Such behavior not only violates the original intention of the legislation and the efficiency principle of the civil lawsuit,but also damages the litigation rights of the other party,and also causes the waste of judicial resources.How to understand the abuse of the jurisdiction objection and how to adopt the legal countermeasures to solve the problem has become an urgent problem in the judicial circle.Firstly,the meaning and characteristics of jurisdiction objection in civil procedure are expounded,and the purpose of its establishment is to achieve procedural justice,to restrict each other's litigious rights and judicial powers,and to balance the litigant rights between litigants.However,with the reform of the registration filing system,jurisdiction objection cases increased year by year,including a number of abuse of objection to the jurisdiction of the case,the parties have put forward the lack of factual reasons of jurisdiction objection,put forward some reasons for the lack of legal relationship between the total defense,some without any root according to the plea,and repeated plea,even simple the delay time.This kind of behavior violates the interests of the other party,wastes the judicial resources and seriously damages the judicial credibility.The reason is mainly the lack of jurisdiction objection.The cost of launching the jurisdiction objection is too low,there is no effective sanction mechanism,the relief procedure is too complicated,the jurisdiction rules are different,and there is a lack of relevant legal supporting system.Through the comparison of the provisions on the abuse of jurisdiction objection to the jurisdiction of the United States,Germany,France and Japan,we have summed up the lessons that can be used for reference.Finally,it is proposed that we should improve the conditions for raising the jurisdiction objection,raise the cost of the objection to the jurisdiction,set up sanction measures,simplify the remedy way,shorten the trial period,make up for the loopholes in the jurisdiction objection system,and achieve the legislative intention of the system.