Governance Of Circumvention Of Jurisdiction In Civil Litigation

Jurisdiction is the “entrance” of civil litigation activities.The accurate implementation of jurisdiction rules is related to the protection of litigation rights of the parties and the realization of the division of power within the court system.The governance of circumvention of jurisdiction issues is an unavoidable issue in the implementation of civil litigation jurisdiction system.This article analyzes the status and deficiencies of governance evasion jurisdiction in China by combing the basic conceptual characteristics of circumvention jurisdiction and empirical investigation of the judgment documents,and then examines the experience of governance of circumvention jurisdiction in extraterritorial civil litigation,and Governance proposes amendments.The main content of the full text is divided into four parts.The first chapter is an overview of civil lawsuit governance circumvention jurisdiction.It introduces the basic concepts and characteristics of the issue of circumvention of jurisdiction,and points out the harm of circumvention of jurisdiction,violation of the principle of litigation efficiency,deviation from the principle of good faith,and damage to the authority of civil justice.In addition,governance of circumvention of jurisdiction It is of great significance to play the role of jurisdiction to distribute litigation costs and implement the principle of rigid procedures.Chapter II,the status quo and causes of civil lawsuit evasion in our country.With the help of the network judgement database resources,this chapter searches and analyzes the judgement documents that have been the focus on circumvention of jurisdiction in recent years,and examines the current status of governance of circumvention jurisdiction in China.Issues: The use of litigation relationship subjects,object merger and separation rules to implement circumvention jurisdictions is more frequent,pre-litigation evasion jurisdiction dispute review standards are unclear,litigation requests to change the circumvention of new and old review rules for circumvention jurisdiction are not smooth,and sanctions for circumvention jurisdiction Weakness and other issues.Subsequently,the reasons for these problems were analyzed: the legal regulations governing and circumventing jurisdiction are too simple to provide clear guidance for judicial practice,and the court has irregular and inconsistent operating methods in the jurisdictional objection review process,unable to effectively curb the occurrence of circumvention of jurisdiction,when the parties are violated by the circumvention of jurisdiction,they lack effective procedural remedies to protect their legitimate rights and interests.Chapter III,the experience of extraterritorial civil litigation governance to circumvention jurisdiction.Through comparative law research,we investigate the successful experience of governance and circumvention of jurisdiction issues in civil litigation activities of extraterritorial civil law systems and Anglo-American legal systems,and seek reference experiences for China’s governance of circumvention of jurisdiction issues.Civil law countries generally set meticulous Jurisdiction norm system,and adopt incidental litigation procedures to circumvent jurisdiction disputes,and clarify the parties’ burden of proof in circumventing jurisdiction disputes.Common law countries pay attention to the use of “inconvenient jurisdiction court rules” and litigation fee burden rules to regulate circumvention of jurisdiction.Chapter Ⅳ : Suggestions for governing civil litigation and circumventing jurisdiction.First of all,to improve the jurisdictional norms,it is necessary to optimize the merger and separation rules of the subject and object,as well as to amend the rules for changing the lawsuit request to circumvent jurisdiction,and to reconstruct the rules for the protection of jurisdictional interests.Second,improve the court’s various judicial review measures to circumvention jurisdictional disputes,clearly carry out partial entity review on circumvention of jurisdictional disputes,and reasonably allocate the parties’ burden of proof in circumventing jurisdictional disputes,in order to strengthen the courts’ circumvention of jurisdictional disputes The sense of responsibility during the review should also clarify the main responsibility of the court during the review process.Third,to standardize the litigation behavior of the parties and other parties involved in the litigation,redistribute the litigation costs arising from the circumvention of jurisdiction,clear the path of seeking compensation when the parties are violated by evasion of jurisdiction,and increase the illegal costs of implementing evasion of jurisdiction.