Research On System Of Jurisdiction Objection In Our Country

The jurisdictional system is a key system in the mechanism of China’s Civil Procedure. In specific civil practice, the first threshold to solve a civil dispute is to definite the jurisdictional procedure, and find the specific competent court accurately and legally, which not only make the case getting timely treatment and proceeding smoothly, but also help set up the judicial authority, and therefore, ensure the justice of legal process. Law of Civil Procedure in China has indeed set up the objection system to jurisdiction. However, as the objection system to jurisdiction in China is newly established and hasn’t been paid the due attention to, the system is too inattentive. Furthermore, judicial interpretation is far not sufficient, strict and thorough. All of those problems lead to some flaws of the objection system to jurisdiction in the judicial practices. This paper, starting from the objection system to civil jurisdiction in China, tries to analyze the existing problems of Civil Procedure from both the legislative level and practical level, and put forward the writer’s own suggestions for improvement, in the hope of improving Objection System to Jurisdiction in Civil Procedure in China.This dissertation is divided into four chapters. The main contents of each chapter are as follows:Chapter one presents an overview of the objection system to civil jurisdiction in China. First of all, it introduces the concept of civil jurisdiction objection; Second, it lists the conditions of China’s civil jurisdiction objection; Finally, it sums up the value of the three aspects of the objection system to the jurisdiction of the system, the reasons for the establishment of a clear objection system to jurisdiction are to ensure procedural fairness of the people’s court, to ensure the equality of the status of litigation parties, to achieve the needs for litigation to maximize the benefits.Chapter two introduces and evaluates the objection system to the extraterritorial jurisdiction. First, it describes the objection system to jurisdiction in the countries of the continental law system, such as France, German, and Japan; and also in the countries of Anglo-American Law System with Britain and USA as representative. Second, it tried to evaluate the objection systems to the extraterritorial jurisdiction from the typical countries of these two law systems, in the hope of improving the objection system to jurisdiction in China.Chapter three tries to illustrate the current situation of the objection system to jurisdiction in China. The problems in the legislation level mainly lie in the dim definition of subject, the narrow scale of object and the deficiency of the operating rules. While in the practice level, the problems lie in viciously delay of the lawsuit by the clients and the mutual prevarication between the courts for the high case-settlement rate. These defects seriously affect the value and functions of the objection system to jurisdiction which needs to be reformed.Chapter four raises the idea about the reform and improvement of the objection system to civil jurisdiction in China. First, the scope of the rights protection should be appropriately broadened, including the scope of the jurisdictional subject and objection and the increase of the economic costs of the abuse system. Second, the processing mode of the object to jurisdiction should be constructed to achieve the transformation from the administrative mode to the supplement litigation action mode.