Research On Abuse Of Regulation Of Civil Litigation Jurisdictional Objections

China has provided for a jurisdictional objection system in the 1991 Civil Procedure Law of the People’s Republic of China(hereinafter referred to as the "Civil Procedure Law"),initially to prevent the parties from the unlawful infringement of local protectionism,but with the development of the times,the system for challenging jurisdiction is no longer adapted to case law and a number of problems have arisen,especially in recent years,the phenomenon of jurisdictional objection is abused from time to time,and intensified,whether to the parties,the court or The abuse of jurisdictional objection is not only due to the pursuit of unjustified interests by the parties,but also due to the lack of perfection in the legislation on the system of jurisdictional objection,coupled with the lack of extensive research on the abuse of jurisdictional objection at this stage in China’s theoretical community,which has led to the lack of identification standards for jurisdictional objection in judicial practice and the unified This thesis introduces a typical case to analyze the legal issues involved.This article introduces typical cases,analyses the problems involved,explores suitable regulatory paths,and makes corresponding recommendations.In addition to the introduction and conclusions,the document is divided into four main sectionsThe first part discusses a typical case of abuse of the plea of lack of jurisdiction in civil proceedings and its regulation.The first part introduces typical cases of abuse of conflict of jurisdiction in civil proceedings and summarises two aspects of the problem of regulating conflict of jurisdiction,one of which is the variety of manifestations of conflict of jurisdiction in civil proceedings,which pose significant challenges to the maintenance of judicial order and protection of the legal rights and interests of the parties.Secondly,the regulation of jurisdictional objection abuse is insufficient.The second part,summary of abuse of objection to jurisdiction in civil procedure.It mainly introduces the connotation of abuse of jurisdiction in civil litigation,and summarizes the specific types according to typical cases,and sets out the harm of abuse of jurisdictional objection.The third part,Regulation of abuse of jurisdictional objection in civil litigation and the problems that exist.This part introduces the principles applicable to the regulation of abuse of jurisdictional objection in civil litigation,and further analyses and refines the problems reflected in the cases,such as the overly lenient conditions and low cost burden in the filing of jurisdictional objection,the lack of explanation of the risk of abuse of jurisdictional objection in the regulatory measures,the lack of uniform understanding and standard of sanction measures,and the excessive relief of the appeal system.The fourth part,the improvement path of the regulation of jurisdictional objection in civil litigation.Combined with the jurisprudential basis of jurisdictional objection in civil litigation,This document argues that the regulation of complaints of abuse of jurisdiction should focus on the following aspects: improving the regulation of the abuse of jurisdiction objection procedure;improving measures of fairness in jurisdictional objections,including sanctions for regulating these measures;and reforming the procedures for correcting jurisdictional conflicts.