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The Study On The Objection System Of Jurisdiction Civil Of Action

Posted on:2014-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:J W MinFull Text:PDF
GTID:2416330488499851Subject:Law
Abstract/Summary:PDF Full Text Request
The law proverb says,no relief,no right.In the civil action,jurisdiction objection system is such an enforcement jurisdiction rules of law,the rights of litigants relief program.Because of the existing civil procedure jurisdiction rule itself is not perfect in our country,the system of jurisdiction objection is congenital deficiency.Objection to the jurisdiction of the subject,the object,the period,the effect,is not always clear in legislation;Objection to the jurisdiction of the judicial review and processing,and also the lack of clear principles,procedures,and rules.This paper focuses on the problems encountered in the judicial practice.Starting from the definition of the general concept of the jurisdiction objection,jurisdiction objection system is actually composed of grade jurisdiction rules,region jurisdiction rule,transfer and designation of jurisdiction rules,period and effectiveness rules,a legal system composed of objection to the jurisdiction of the review and processing rules as a system of legal rules.At the same time,to understand what is the jurisdiction objection,we must fully recognize the jurisdiction objection system function.The basic value and function of the system is the allocation of court case.In other words,the jurisdiction objection is the basic function in order to support the rule of law enforcement jurisdiction,the jurisdiction of the court of appeal case quickly determined by the order of jurisdiction,implementation of corrective justice.Therefore,in order to achieve the basic functions,the jurisdiction objection system needs the subject-object structure clear,need to have clear and binding rules during the objection,under the guidance of constrained efficiency principle,establish efficient objection review procedures,establish a simple and exact censorship rules,in order to form the best balance between the protection of right of action and the people's court jurisdiction the parties running.
Keywords/Search Tags:Jurisdictional system, Objection to the jurisdiction, The principle of efficiency, Review procedures, Review rules
PDF Full Text Request
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