Research On The System Of Jurisdiction Objection In Civil Procedure

It has been made relevant legislative provisions in China on the civil jurisdiction objection system in the Civil Procedure Law,which effectively regulate its procedures and application in the legal provisions in the form of positive constituent elements and negative constituent elements.However,abused civil jurisdiction objections has occurred frequently in judicial practice.Case parties evading level jurisdiction and territorial jurisdiction have become an important manifestation of chaos in judicial practice.Repeated abuse of jurisdictional opposition system seriously undermines the fairness and justice under the rule of law and deviates from the direction of the top-level design of the system.The harmful consequences of such deviations are reflected in the serious damage to the lawful rights and interests of litigants,the waste of scarce judicial resources,the serious destruction of judicial order and the damage of judicial credibility.Based on the practical dilemma,this paper analyzes the various problems reflected in the trial practice,which triggers the reflection on the jurisdictional objection system and the idea of perfecting the system.As an error correction mechanism of the jurisdictional system,the Jurisdiction objection system in civil litigation contains the “rights restricting power” in the constitutional spirit,and there is a huge entity value and procedural value.However,it has defects in legislative provisions and insufficient judicial review content and standards,resulting in the system has long since deviated from its original intention,especially improper punishment and supervision when one-sided driving of the interests of the parties.Compared with advanced rule of law outside the country,especially the continental legal system countries represented by Germany and Japan and the Common Law system countries represented by the United States and the United Kingdom.They have detailed and sufficient provisions include the time for submitting the Jurisdiction objection system,the scope and standards of the review content,as well as for punishment and treatment.In particular,in terms of the integrity of the establishment and the standardization of the implementation of the procedures,it can serve as an important model and theoretical support for China to regulate the opposition system of civil litigation in the future,which let us clearly know that the gaps in the formulation and implementation of the civil jurisdiction objection system between China and advanced countries under the rule of law,including the ambiguity of the subject and object of the objection,the ambiguity of the contents,methods and time limit for review,and the lack of disciplinary and relief measures.At the same time,it provides a powerful theoretical support and source of thought for the author's creative proposal.It is to strengthen the jurisdictional opposition system legislation,promote the work collaboration of different regions or levels of courts,simplify the jurisdictional objection relief approach,and implement corresponding disciplinary system to achieve the value of procedure and entity.China has an important significance in strengthening the legislation of the civil jurisdiction opposition system.It can promote the implementation of the principle of proper procedure,effectively crack the local protectionism that evades jurisdiction,promote the standardization of court cases,effectively protect the legitimate rights and interests of the parties,and improve the civil litigation,to ensure that jurisdiction can be exercised legally and effectively.Based on the above considerations,this paper focuses on the analysis of the right to abuse the jurisdictional opposition,in order to promote that the parties to participate in the litigation equally,the court correctly exercise the value and function of the judicial function,and to set the identification criteria for the abuse of jurisdictional objection.Combining the problems in legislation and trial practice,this paper puts forward the rough thinking and analysis on the solution of the abuse of jurisdictional opposition,and puts forward some reasonable suggestions for the improvement of the jurisdictional objection system.It is expected that the regulation of exercising jurisdictional objections in practice including but not limited to strengthening the work of different jurisdictions or courts by strengthening the jurisdictional opposition system legislation,simplifying the work of different jurisdictions or levels of courts,and implementing the corresponding disciplinary system to achieve the procedural value and entity value of the system.This paper mainly adopts the data comparative analysis method and the empirical analysis method,and combs the relevant cases that can effectively address the characteristics and key points of the jurisdictional objection in the current judicial environment.It has direct and obvious effects on how to guide the trial of court cases at all levels and to further improve the jurisdictional objection system.At the same time,the analysis of the legal system can comprehensively demonstrate the status quo,dilemma and improvement ideas of the civil litigation jurisdiction opposition system from the legislative level,the law enforcement level,the judicial level and the law-abiding level,which can provide useful reference for later researchers.Perfecting the civil jurisdiction opposition system cannot be completed at once,and more scholastic ability is needed for this research.This paper is based on the basis of the previous research results,and hopes to find a new innovation path that can break through the existing flaws.It can enable judges at all levels of courts to better use the system in the process of hearing cases,better cope with the issue of evading jurisdiction,and ultimately achieve the reunification of the fairness and justice of the court's trial activities and the credibility of the judicial system.