An Empirical Study On The Abuse Of Jurisdiction Objection In Civil Action

The objection of jurisdiction in civil Procedure refers to the procedure of the defendant in this case to challenge the jurisdiction of the respondent People's Court,and its purpose is to restrict the plaintiff's right of action and realize procedural justice.However,with the implementation of the registration system in 2015,the number of court cases in China is exploding,and while further exacerbating the contradiction between the court's "case of many people",the abuse of the right of dissent is becoming more and more serious.Many of the defendants,in order to seek self-interest,use the jurisdiction they enjoy to challenge,put forward various unreasonable reasons,and even fabricate various "not justified reasons" to raise jurisdictional objections,for their own litigation to buy a time advantage or delay litigation.This abnormal phenomenon leads to a large backlog of cases in the courts,can not resolve disputes in a timely manner,resolve conflicts between the parties,and cause more social contradictions;at the same time,in cases of jurisdictional objections raised by the parties in bad faith,the court had to examine a certain number of judicial personnel from the scarce judicial resources,A great deal of judicial resources has been wasted.Under this background,this paper starts with judicial practice,probes into the current situation of the jurisdiction objection system in judicial practice,summarizes the main types of abuse of the right of objection by the parties,analyzes the reasons behind the abuse of the right,combs the situation of the foreign system or the corresponding system,and probes into the extraterritorial countries giving the parties jurisdiction over the right of dissent,and how to prevent the abuse of this right by the parties so as to bring it into line with the legislativepurpose.At the same time,the paper analyzes the theoretical basis of the abuse of the right of objection,and regulates the abuse of the right of objection by the principle of good faith,the principle of prohibition of abuse of rights and the principle of procedural benefit.Finally,combining with the present situation of judicature in our country,this paper puts forward some suggestions for improvement from the aspects of the design of jurisdictional objection system,the corresponding supporting measures and the identification standard of jurisdiction objection abuse,so as to make the exercise of the right of dissent legitimate,lawful and beneficial,reduce the procedural burden of the other party and avoid the unprovoked waste of judicial.