Research On Objection To Abuse Of Civil Jurisdiction

The granting of rights and the abuse of rights are easy to accompany each other,and the jurisdiction objection system also faces the same dilemma.The original intention of the system was to correct the wrong jurisdiction of the court,absorb the dissatisfaction of the parties,and overcome local protectionism.However,it has been affected by various factors such as unspecific legal provisions,insufficient public literacy of the rule of law,and lack of social integrity awareness.Since the implementation of the case registration system.The phenomenon of abuse of jurisdiction is constantly occurring in China’s judicial practice.In response to this bad practice of seriously damaging the legitimate rights and interests of the other party and wasting judicial resources,high courts around the world have actively issued guidelines to regulate the process of jurisdictional objection hearings,and some courts have also imposed fines on individual parties that are subjective and vicious.This has reduced the rate of submission of jurisdiction objections to a certain extent,but the author ’s investigation found that the rejection rate of first-instance judgments and the maintenance rate of secondinstance judgments remain high.Based on the superficiality of the abuse of jurisdiction objections,how to distinguish the normal exercise and abuse of jurisdiction objections is the premise and basis for regulating the abuse of jurisdiction objections in judicial practice.This article takes the civil ruling of jurisdictional objection cases in the Judgment Document Network as the research basis and combines the operation status of jurisdictional objections in judicial practice,analyzes and summarizes the behavioral characteristics and typical situations of abuse of jurisdictional objections,and attempts to construct a judicial system that abuses jurisdictional objections Review standards to distinguish between normal exercise of jurisdictional objections and abuse.The full text is divided into three parts: First,by defining the connotation of the abuse of jurisdiction objection,analyzing and summarizing the characteristics of the abuse behavior,and having a clearer understanding of the abuse of jurisdiction objection.At the same time,the case analysis method is used to summarize the typical cases of abuse of jurisdiction,and to find the common points of its weak links and abuses in the implementation process.Second,from the perspective of legislation,supporting measures and social integrity,explore the causes of abuse of dissent rights,analyze the harmful consequences of abuses,and lay the foundation for preventing and regulating abuses of jurisdiction.Finally,put forward specific measures to effectively regulate the abuse of jurisdiction.On the one hand,it improves the jurisdictional objection system,which includes clearly proposing conditions,adding penalties,simplifying relief procedures,etc.On the other hand,improving judicial supporting measures,building judicial review standards,and further improving the judicial integrity system Make recommendations to curb the occurrence of objections to abuse of jurisdiction.