Study On The Loss Of Jurisdiction Of Civil Litigation

Jurisdiction dissenting power stems from the consideration of the efficiency of the litigation,while taking into account the needs to protect the parties' trust interests and restrictions on the abuse of jurisdiction dissension,etc.,the party's jurisdictional interests can be reasonably distributed through the disqualification system,so that it can move towards efficient justice Direction goes deep.Article 127 of China's "Civil Procedural Law" provides for the content of the jurisdictional objection,which is manifested as the result of "not reviewed by the court".The content mainly includes two parts: "jurisdictional objection" and "disqualification." The jurisdictional objection means that after the people's court has accepted the case,the party has contested the jurisdiction of the court for some reason;while the power loss refers to the loss of the party's litigation rights,but the current China's Civil Procedure Law and other Relevant laws and regulations have never made explicit provisions on the concept of the system of deprivation of power.Judging from the overall observation,the loss of jurisdictional objection means that after the people's court accepted the first trial civil and commercial case,the parties did not dispute the jurisdiction within the time limit prescribed by the law,which led the parties to raise a jurisdictional objection in subsequent proceedings.The results were not reviewed by the people's court.Although legislative dissent has been provided for in legislation,exceptions to disqualification have not been provided,and the reconfirmation of the Supreme People's Court's Guiding Case No.56 has made dissent in the dissent as a type of absolute disqualification.From the perspective of theory and actual operation,the following deficiencies exist in the dissenting right of jurisdiction objection: the scope of the subject of loss of power is ambiguous,the scope of the object is narrow,the time limit for submitting is unreasonable,the flaw of the theory of responding jurisdiction,and the absence of exceptions to the right of disobedience.The reason is that the specific provisions on the loss of jurisdictional objection in our country are incomplete,the court has a serious sense of authoritarianism in judicial practice,and the professional agency system is awkward.However,with the continuous progress of the rule of law in our country,it is particularly necessary to improve the right to dissent from the jurisdiction,especially to alleviate its absolute problems.After observing the relevant legislation of extraterritorial countries and regions,we have obtained some good references for improvingChina 's jurisdictional dissent,such as improving the specific provisions of jurisdictional dissent,establishing relevant supporting systems,and setting up litigation between parties and judges.Promotion obligations,etc.Through the above measures,the litigant rights and interests of the parties can be protected,the right to dissent from the jurisdictional objection can be gradually improved,the disputes can be quickly resolved,and the damaged social relations can be restored,thereby realizing the litigation procedure and substantive justice.