The Abuse Of Jurisdiction Objection In Civil Procedure And Its Regulation

The jurisdiction system of civil litigation is the first “fork” to judicial justice,and the jurisdictional objection system is a remedy to correct the “wrong path”.Its function is that when there is a problem with the distribution of the jurisdiction system and the court itself does not find or correct it,it can maintain and correct it to restore the correct order of jurisdiction.However,in recent years,the abuse of jurisdictional objections has become increasingly fierce,and many malicious litigants have filed jurisdictional objections for no reason or for farfetched reasons to delay the proceedings to achieve their illegal purposes.In judicial practice,the parties' abuse of jurisdictional objections can be described in various ways,mainly in the following four forms: First,the jurisdiction objection was raised without providing any reason,that is,the party only submitted an application for jurisdiction objection to the court,but did not provide corresponding evidence to support it;Second,the grounds for raising a jurisdictional objection are far-fetched,that is,although the parties put forward reasons in the objection application,the reasons are too far-fetched and strange;Third,the parties used to distort and deny the factual basis,that is,the parties used methods such as claiming the contract to be invalid or non-existent to raise jurisdictional objections;The fourth is to ignore and misinterpret legal provisions.For example,when there are multiple jurisdictional connection points in a case,the parties ignore and misinterpret the legal provisions and request that the case be transferred to another court for trial.The jurisdictional objection system,as a supplement to the jurisdictional system,has legitimacy and is conducive to maintaining equality between the two parties in the beginning of the lawsuit.It is an important guarantee for judicial fairness.If the purpose of the party's jurisdictional objection is to deliberately delay the litigation process or simply to vent grievances against the litigation,rather than to correct jurisdictional errors,this will distort the value of the jurisdictional objection system.At the same time,the legitimate rights and interests of the plaintiff will be seriously damaged,causing the court's scarce judicial resources to be repeatedly consumed and wasted,and it will reduce the efficiency of litigation and make the judicial credibility much affected and eroded.From this,we can see that it is quite urgent and necessary to curb the abuse of jurisdiction objections.Summarizing the reasons for the abuse of jurisdictional objections are mainly two levels: First,at the system level,the design of each civil litigation system should maintain the balance of interests between the two sides of the plaintiff.Excessive protection or neglect of the interests of one party will definitely affect the interests of the other party.The relative lag of the concept of jurisdictional objection in China and the loopholes in the existing laws are the fundamental reasons for the abuse of this litigation right.For example,the scope of the subject of rights provided by the jurisdictional objections is unclear,the requirements for exercising jurisdictional objection are too low,and the trial procedures for jurisdictional objections appear Gaps,and the relevant sanctions are lacking,etc.The second is the level of litigation participants,where the parties violate the principle of good faith in litigation and legal workers violate legal professional ethics.Taking the identification standards and causes of abuse of jurisdictional opposition as the starting point,and combining with mature foreign legislation that is feasible in China,the following regulatory suggestions are proposed: The first is to improve the current system,including limiting the scope of the subject of the objection,regulating the conditions for filing an objection,shortening the relevant time limit in the procedure,setting up a comprehensive review procedure,and further optimizing the delivery of documents;The second is to explore the establishment of corresponding supporting systems,including the jurisdiction confirmation system in pre-trial conference,the "blacklist" system on the abuse of the jurisdictional objection,and a reasonable and effective punishment system.It is hoped that it will have a practical effect on resolving the abuse of jurisdiction objections,thereby alleviating the judicial dilemma.