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Study Of The Abuse Of The Opposition To Civil Jurisdiction

Posted on:2021-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:S SuFull Text:PDF
GTID:2416330623484949Subject:legal
Abstract/Summary:PDF Full Text Request
The system of the opposition to civil litigation is a remedy empowered to the party to guarantee the party's litigious right when the inspection of the court's jurisdiction is not correct.The legislation on this system intends to check and balance the plaintiff's litigious right,to prevent the possible existing local protectionism,to guarantee the defendant's lawful rights and interests,and to ensure the correct exercise of civil jurisdiction.However,the system of the opposition to civil litigation has been abused more and more seriously in recent years.This kind of abuse has a clear intention to prolong litigation,violates the bona fide doctrine which should be conformed to in civil litigation,seriously wastes judicial resources,and impairs the normal proceedings of judiciary.Therefore,the abuse of the opposition to civil litigation should be regulated.The further improvement of the system should start from improving the terms to bring forward,raising costs,reforming the appellate system and the quick judging system,etc.The improvement of the system of opposition to civil jurisdiction conforms to the trend of reform on judicial system and is consistent with the judiciary's requirements for optimizing allocation of judicial resources,perfecting the quality and efficiency of judging comprehensively and increasing the public credibility of the judiciary.
Keywords/Search Tags:The system of the opposition of civil jurisdiction, the abuse of the right to oppose against civil jurisdiction, appellate system, the quick judging procedure, the judge's obligation to interpret and explain
PDF Full Text Request
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