Research On The Abuse Of Jurisdiction Objection In Civil Procedure And Its Legal Regulation

The original intention of the civil procedure law to establish a jurisdictional opposition system is mainly to make sure that the court correctly exercises the judicial power,overcome local protectionism,and safeguard the legitimate rights and interests of the parties.However,in recent years,the abuse of jurisdictional dissent in judicial practice has occurred,and there has a tendency to become more and more fierce.This problem arises from the fact that the perpetrator wants to delay the lawsuit and pursue the unlawful purpose,but also stems from the defects of the jurisdictional opposition system itself.The abuse of jurisdictional dissent rights not only infringes on the lawful rights and interests of the opposing parties,but also reduces the efficiency of litigation,and seriously damages the jurisdictional authority and wastes judicial resources.At present,China’s research on the abuse of jurisdictional opposition rights is not deep enough,and the practice community lacks effective methods of identification and regulation.In practice,the problem of jurisdictional abuse of rights has not been effectively resolved.Therefore,this paper aims to discuss in detail the abusive situation and main types of jurisdictional dissent,the harm and cause of the abuse of jurisdictional dissent,and its identification and regulation,in order to make up for the defects and deficiencies of the jurisdictional opposition system.This article includes three parts: introduction,body and conclusion.The main body has five chapters.The main contents are as follows:Chapter 1 mainly elaborates on the abusive situation and main types of jurisdictional dissent.Among them,the original intention of the establishment of the jurisdictional objection system defines the nature and basic connotation of the abuse of jurisdictional dissent,and studies the relevant data on the tendency of the jurisdictional dissent right to be abused in recent years.In addition,according to the case analysis of the abuse of jurisdictional dissent in judicial practice,the five principal manifestations of the abuse of jurisdictional dissent rights are summarized,in order to lay the groundwork for the identification and regulation of jurisdictional abuse.Chapter 2 points out that the jurisdictional objection abuses the rights of the other party,reduces the efficiency of litigation,damages the judicial authority and wastes the harm of judicial resources and the causes of abuse,and demonstrates thenecessity and urgency of identifying and regulating the abuse of jurisdictional dissent.Chapter 3 compares the different theories of the abuse of litigation rights at home and abroad based on the analysis of the difficulty of identifying the abuse of jurisdictional dissent,and proposes the identification criteria for the abuse of jurisdictional dissent in China,in order to effectively identify and regulate this abuse.Chapter 4 mainly introduces some regulatory experience on the abuse of jurisdictional dissent rights in foreign and domestic judicial practice,and talks about the main enlightenment to the abuse of jurisdictional dissent rights in China.Chapter 5 points out three basic principles that should be adhered to in the abuse of jurisdictional dissent,and proposes to establish a rapid processing mechanism,improve the application conditions,improve the trial and review procedures,and establish appropriate disciplinary measures and other regulatory channels,Thereby effectively preventing and regulating the abuse of jurisdictional dissent.