On The Objection System Of Jurisdiction Of Civil Litigation In China

To study the dissent system of civil litigation jurisdiction in China,aiming at fully exposing the offside of the system in the current judicial practice,and promoting the rationalization and perfection of the system,the basic civil litigation system can be"homed".This article explains the relevant viewpoints from four parts.The first part:Study the evolution of the dissent system of jurisdiction in China.First of all,the system of jurisdictional dissent during the Republic of China and the jurisdictional dissent system since the founding of New China were thoroughly reviewed,and its historical evolution was fully demonstrated.Afterwards,the basic concept of jurisdictional objection was clarified.The jurisdictional dissent system is a useful supplement to the jurisdictional system.The value function of the jurisdictional objection system is elaborated from two angles of the parties and the peopled court.The second part is mainly to empirieally examine and evaluate the basic content of China’s current jurisdictional objection system.In terms of the subject of the jurisdictional objection system,whether or not the plaintiff can only file a jurisdictional objection is controversial.In terms of the object of the jurisdictional objection system,whether it is only directed to territorial jurisdiction and level jurisdiction,the provisions are unknown.In the aspect of identification and acceptance of jurisdictional objections,some methods of identification in practice are introduced.In terms of the procedures of the jurisdictional objection system,there are many problems in the manner of review and time limit,result notification,and rights relief.The third part:from the case,profoundly reveals the abuse of jurisdictional objections in the judicial practice of our country,and defines the abuse of jurisdictional objections,explains the harm of abuse of jurisdictional objections and analyzes the causes of the problems.In combination with the specific manifestations of abuse of jurisdictional objections,a regulatory approach is proposed.The fourth part:after fully understanding the theory and practice of the jurisdictional opposition system,using procedural justice,litigation efficiency,honesty and credit as the three factors to improve the jurisdictional dissent system,through comparative law investigation,historical investigation and other methods,according to this Targeted proposals for simplifying civil litigation jurisdiction rules,elarifying the subject and object of jurisdictional objections,establishing identification and acceptance mechanisms for jurisdictional objections,improving procedures for jurisdictional objections,and setting up jurisdictional objection systems.