On The Regulation Of Abuse Of Jurisdictional Objection In Civil Procedure

The jurisdictional objection system is an important litigation right granted to the parties by the legislator.The intention is to balance the procedural rights between the parties,safeguard the defendant's legitimate rights and interests,overcome local protectionism,and correct jurisdictional errors.However,seemingly ideal designs sometimes have loopholes that deviate from reality.In judicial practice,more and more parties(mostly defendants)regard the right to apply for jurisdictional objections as a“legal weapon” to delay time,transfer property or achieve other purposes.This behavior may not only damage the legal rights of the other party,but also occupy a limited number of judges to handle the case,resulting in a waste of judicial resources.Even disrupting the civil order,seriously impairing judicial authority and credibility.The author combines many jurisdictional disputes that he has dealt with in his work,from the perspective of trial practice,analyzes the proportion of objections raised in different legal relationships(such as contract disputes)and the facts of common parties' fictional objections(such as in divorce cases).On the basis of the statistical analysis of the abuse of jurisdictional appeals(analysis of the proportion of appeals to maintain cases),combined with the big data platform carried out by the national court system,using software functions,including the unified "legal" platform proposed by the Supreme Court on the standard of trial standards Use and implement cases to improve the existing abuse of jurisdictional status by adopting measures such as Lao Lai's failure to take measures to promote the integrity of litigation and achieve fairness and justice.In order to adapt to the advancement of the rule of law after the 19 th National Congress.