An Empirical Study On The Abuse Of Legal Regulations By Jurisdiction Objections

Objection to jurisdiction refers to the claim and opinion that the parties concerned lodge in accordance with law that the people's court has no jurisdiction over the case after the people's court has accepted the case~3.The Civil Procedure Law of the People's Republic of China has made clear provision on objection to jurisdiction in Article 127~4.Objection to jurisdiction is a legal system in which the parties concerned supervise in accordance with law the people's court in exercising civil jurisdiction.The establishment of this system not only embodies the law on the protection of the litigation of the parties concerned,but also is to employ the supervision of the parties concerned on the litigation right to well implement the relevant legal system of the jurisdiction,to overcome local protectionism in avoiding violating the jurisdiction system,and to guarantee a fair and legal trial of the case.However,in the trial practice,with the increase of people's legal knowledge,the improvement of legal awareness and the increase of lawyers'participation in litigation,the parties'use of objection to jurisdiction in civil litigation case is increasing day by day.From the perspective of legislation,the fundamental purpose of the establishment of jurisdiction system is to guarantee rights and achieve procedural justice.In practice,due to the influence of various factors,many practices deviate from the original intention of the establishment of this system.How to deal with it is a question worth thinking about.From the perspective of judicial practice,this thesis selects 257 written judgments as sample.Apart from Introduction and Conclusion,this thesis is divided into three parts:Firstly,with 257 civil judgments as sample,this thesis summarizes the status quo and features of objection to jurisdiction cases,and then introduces the core issue discussed in this thesis--abuse of objection to jurisdiction.Combined with the sample,this part summarizes the typical manifestations of the parties'abuse of objection to jurisdiction.Secondly,this thesis analyzes abuse of objection to jurisdiction from the perspective of theory,including the definition of abuse of objection to jurisdiction,cause analysis,harm consequence and other aspects,so as to act appropriately in the following countermeasures and suggestions.Thirdly,based on the reasons detected,this thesis finds out the way to legally regulate abuse of objection to jurisdiction.Based on the practice,this thesis proposes practical countermeasures and suggestions from the aspects of improving laws and regulations and introducing the integrity mechanism.