Study On The Judgment Of Civil Jurisdiction Objection

With the establishment of the registration system,our national commercial cases are growing exponentially.The filing of cases and jurisdiction is one,with the influx of a large number of cases,jurisdictional disputes are gradually challenging the limits of the court.The first intention of the jurisdictional objection system is to remedy the other party and realize the procedural dispute.However,the system,because of its own imperfections,has become an obstacle to delaying litigation.In the long-term high-pressure working state of the court system,the contradiction of "fewer cases" is becoming more and more prominent,resulting in a large backlog of cases.This has brought great harm to the credibility of justice and the harmony and stability of society.Through the generalization and finishing of the rulings of the adjudication document network,we try to sort out the problem of jurisdictional objection from the perspective of judgment and judicial practice as the starting point.The first part briefly analyzes the value basis of the jurisdictional objection system,expounds the internal value and external function,and clarifies the original intention and intention of the jurisdictional objection.The second part summarizes and organizes the cases of the adjudication instrument network,and finds the problem from the data.Analysis and charting of the subject matter,type of case,time limit and court decision of jurisdictional objection case.The third part mainly analyzes the current situation and reasons of jurisdictional objection cases,first from the concept of jurisdictional objection to the existing legal provisions on the jurisdictional objection system,and finally summarizes the shortcomings and shortcomings of the jurisdictional objection system.The fourth part is the reference of the experience of extraterritorial system,introduced through the jurisdictional objection system of the representative countries of the two legal systems,and compared with our country,from the same point to the different points,in order to find commonalities.The fifth part mainly puts forward some suggestions from amending the system of jurisdictional objection,first of all,explains the necessity of the system amendment from the three aspects of judicial supervision,equality of rights and procedural justice.Secondly,from the existing improvement scheme and combined with practice,finally put forward a detailed operanability of countermeasures and suggestions.