On The Perfection Of The Objection System Of Jurisdiction In Civil Litigation

In the process of litigation,due to their own priority,Part of parties abuse their right to delay the process of litigation.In the strategy of delaying action by the parties,The jurisdiction objection was the most commonly used “procedure arms”.The legislator Provide supervision means for the parties to functional division of the court,and supply an error correcting mode that outside of the power system when something goes wrong of the division of the court.However,due to the legislation of the Jurisdiction objection system is too principle,resulting in judicial practice,many parties take advantage of the legal gaps to arbitrarily or even maliciously exercise the right of objection to jurisdiction.As a result of the lack of sufficient legal basis,the court can only apply for the objection to the jurisdiction of the appeal or the administrative review of mechanical mode,handle the application for objection to jurisdiction negatively.This article starts from the realistic predicament of the abuse of jurisdiction objection,and analyze the essential attribute and function value of jurisdiction objection system,Combine with the characteristics and causes of the abuse of jurisdiction in judicial practice,propose the corresponding ameliorative measures,In order to improve the system design,to curb the abuse of objection to jurisdiction.This paper is divided into the following five parts.The first part is the general theory of jurisdiction objection system.First of all,from the concept of jurisdiction objection system,And then reach a conclusion that the jurisdiction objection system play an important role of correct improper division and realize the equality of litigant lawsuit.Clear that jurisdiction objection system as a supplement of jurisdiction system,provide a relief way out of judicial powers for mistake of competency.Analysis of the procedural character and the essential attribute of the objection of jurisdiction provide reference for future institutional reform.The second part introduces the present situation of abuse of jurisdiction objection.analyze the abuse of the right of Jurisdiction objection in practice,conclude that the abuse of jurisdiction objection has subjectively intentional or gross negligence,contrary to legislative intent of correct improper division and causing a litigation status against the other party etc.Set up basic criteria for Identification and judgment criteria,distinguish the right to exercise jurisdiction from the abuse one.Through the analysis of actual cases and data,refining the realistic manifestation of abusing the right of jurisdiction objection and analyze the reasons,provide the basis for the reflection and revision of the system.The third part is the Investigation of extraterritorial legislation.To investigate the provisions on the objection to the jurisdiction and regulation of abuse of procedural rights of the representative country frome Continental law system and Anglo-American Legal System,It concludes that different countries have different degrees of relief to the jurisdiction objection,and all set up corresponding punishment measures to the abuse of procedural rights.The fourth part is about the way to improve the abuse of jurisdiction objection system.Based on the analysis of the legislative modification in recent years,the establishment of tacit agreement jurisdiction system,expansion of agreement jurisdiction and the deletion of the jurisdiction errors from the retrial cause,summed up the national legislators think highly of the stability of the jurisdiction and litigation efficiency,and its value orientation is used to guide the adjustment of jurisdiction objection system.The fifth part is about the improvement of the jurisdiction objection system in our country.The article puts forward some suggestions on the improvement of the jurisdiction objection system about refinement,from the perspective of the court’s review of jurisdiction objection,specific conditions for the objection of jurisdiction should propose,differentiation of different objections,obvious malicious applications to be dismissed directly.For the purpose of refine the first review and the simplify the second review.Enhance the participation of the first instance jurisdiction objection review,urge the parties to actively participate in the review of jurisdictional objections.And set up the right to abuse the jurisdiction of the punishment measures.Without changing the design of the whole system of jurisdiction objection,achieving fairness and efficiency.