The Research Of The System Of Objection To Jurisdiction In Civil Procedure

Objection to the jurisdiction, as an important jurisdiction relief system, provides the parties to putforward different views to the court on the jurisdictional issues. The establishment of the objection to thejurisdiction system, on the one hand there is conducive to the exercise of the rights of parties to litigation,on the other hand is also conducive to the jurisdiction of error to be corrected, and thus to guarantee thesmooth conduct of the proceedings. Although our country civil procedure law has to be provided to thejurisdiction objection, but is more general. China’s objection to the jurisdiction of the case is anadministrative way to deal with, this makes objects to the jurisdiction in the judicial practice exists someproblems. So, our objects to the jurisdiction of the system needed reform urgently. Many foreign countriesare an ancillary action to resolve the objection to jurisdiction. We should draw lessons from foreign relatedlegislation is based on the experience of combined with the situation of our country, the system of ourcountry objects to the jurisdiction of the reform of the perfect, make our objects to the jurisdiction of thesystem really play their due role.In this paper, the problems of China’s objection to the jurisdiction system to proceed to start the fulltext of the discourse. Based on the investigation data shows that Chinese objects to the jurisdiction of thecase’s approval ratings are very low, only a few is really exist over the wrong. At the same time, China’sCivil Procedure Law is quite vague on the subject, object and other objects to the jurisdiction provisions,the lack of actionable objection handler, which makes the judges in the cases there is no basis for reference,so they appearedfor the same situation, handled by different courts have different processing methods andresults. In addition, China’s objection to the jurisdiction of the system, there is still a handler for the chief ofthe complexity of the relief program. Imposed by the court administrative approach, more play the role ofthe court’s powers and the participation of the parties deprived. China for the jurisdiction of the triple-reliefprogram, objections, appeals and retrial, so although given the parties more options, but compared with thejurisdiction of the rights of nature, but is too cumbersome.Our objects to the jurisdiction of the system are these problems, mainly in the following four reasons:parties in order to pursue the litigation interests of deliberately raised objection to jurisdiction to delay theproceedings; local protectionism of the court of a fair trial; affected by the traditional concept of weight entity light program, often pay more attention to China’s legal theory and judicial practice in the role ofsubstantive lawto the neglect of the role and status of the procedural law, it is this attention the lack ofprocedural law of our country is still some shortcomings, just as the relevant provisions of the objection tothe jurisdiction of system deficiencies; In addition, since China’s civil model has a strong mandate ’color,the court plays an important role in the conduct of proceedings, which is the processing mode of China’sobjection to the jurisdiction of the Chief of the reason..In view of these problems exist in China’s objection to jurisdiction system, we urgently need to bereformed and improved. Civil law and common law objects to the jurisdiction of a provision, and theprovisions of China and other countries are different. Our country and abroad about the largest objects tothe jurisdiction of the system is different and, our country uses the administrative processing mode, and theforeign is through the incidental to solve the lawsuit. We should be in the contrast analysis of China andforeign objects to the jurisdiction of the similarities and differences of the system, on the basis of relevantforeign experience for reference, and looking for some of our country to perfect the system of the objects tothe jurisdiction of the opinion.Objects to the jurisdiction of the system is the important way to correct mistakes jurisdiction, perfectthe system of the objects to the jurisdiction of the can help to realize the equality of rights lawsuit andrealize the procedural justice, but in China the objects to the jurisdiction of the system still has someproblems, so we are necessary to our country the objects to the jurisdiction of the perfect system. Ourcountry the objects to the jurisdiction of the administrative processing mode can’t effectively solve theproblems existing in the objects to the jurisdiction of, so, we can in foreign related experience, try toestablish in China with litigation jurisdiction processing mode, clear the objects to the jurisdiction of thesubject and object, simplify the objects to the jurisdiction of the time and the time limit mentioned, and atthe same time, through the established implied agreement jurisdiction, pay legal fees and penalty rates setup such as security system to perfect our objects to the jurisdiction of the system.