Research On The Jurisdiction Objection System Of Civil Litigation In My Country

Jurisdiction is the first condition for litigants to initiate litigation procedures,and it is the first level to enter the litigation.Whether the jurisdiction is correct or not is of great significance to achieve the fairness of the entire civil litigation procedure and protect the parties' legitimate rights and interests.The jurisdictional objection system is a relatively important system in the entire civil procedure law system.The establishment of this system is intended to protect the legitimate rights and interests of the parties.It is a right protection and remedy measure given to the parties by the Civil Procedure Law to supervise the rightful exercise and correct the errors of the jurisdiction of the court.The earliest civil procedure law in China was the Civil Procedure Law(Trial)promulgated in 1982 which did not provide for a jurisdictional objection system.In order to ensure that the people's courts at all levels in our country exercise their jurisdiction correctly in accordance with the law,China introduced a new jurisdictional objection system when it comprehensively revised the Civil Procedure Law(Trial)in 1991.China's jurisdictional objection system was not complete at the beginning.Afterwards,China adopted two amendments to the 1991 Civil Procedure Law and the Supreme People's Court successively issued a number of relevant judicial interpretive documents based on judicial practice,from which the system has been continuously modified and supplemented in order to approach perfection with the continuous development of China's judicial practice.However,with the rapid development of the country and all aspects of society,due to the lag at the legislative level and omissions in judicial practice,the relevant provisions of China's civil suit jurisdiction objection system still have flaws and gaps,which cannot fit with the progress of judiciary and society.Its defects and loopholes have caused the parties in civil lawsuits to exercise jurisdictional objections in a non-standard manner in China's judicial practice,making the application of this system in judicial practice deviate from the remedy and compensation intention at the beginning of the establishment of the system.Civil litigants use the loopholes of this system to abuse the jurisdictional objection rights conferred by the law.By irregularly exercising this right,they maliciously delay the litigation progress,so as to obtain their own litigation benefits and damage the legality of the counterparty.The litigation equality of both parties in the civil litigation breaks,and the balance of the conflict of interests between the two parties in the litigation is tilted,thereby deviating the system from itsvalue and function.In view of the widespread existence of facts that abusing jurisdictional objection by civil litigants in the current judicial practice in China,the system needs urgent reform to restore its due value and function.Therefore,this article carries out a comprehensive analysis of the current jurisdictional objection system of civil litigation in China based on seniors and scholars' related research.By analyzing and comparing with relevant foreign systems,this article summarizes the system design and regulations that are worthy of reference in China.At the same time,combining the author 's personal experience,statistical analysis of data and cases in judicial practice,the legislative and judicial situation of China 's current jurisdictional objection system and its existing problems are revealed.Aiming at the practical defect of relevant legal systems and judicial practice in China,put forward the concept of system optimization that is compatible with the current judicial situation,so as to promote the improvement and optimization of the system,to truly achieve the value function of the jurisdictional objection system to protect and remedy litigant rights,save judicial resources,improve judicial efficiency,optimize the judicial environment and guarantees judicial justice.