A Study On The Jurisdiction Objection System In Civil Litigation

The determination of jurisdiction,as the starting point of civil procedures,is occupied a basic position in the entire civil proceedings.As to balance the plaintiff to prosecute the right which is given to the defendant prioritily,as a means of litigation defense,jurisdiction objection system,is responsible for maintaining isotonic triangle structure of the civil procedure,which is comprised by the civil litigation equality and the composition of the judges.Different definitions are derived from different scholars’ interpretations of the legislative purpose of the jurisdiction objection system.In the practice of judicial practice,because of the complexity of the jurisdiction system in our country and the large number of legal provisions,it has made a series of questions such as who are the right holder and how to object to the jurisdiction.And still existing of the judicial local protectionism,making the court’s choice often directly affect the case of the substantive judgments and the implementation of the effect,but also strengthened the dispute between the parties to the jurisdiction.At the same time,the objection to the jurisdiction of the objection and adopt a more lenient approach,therefore,Chinese jurisdiction of the objection to the complaint is very frequent.At this point,as a system of litigation with important procedural interests,the jurisdiction objection system is also faced with the question of how to enhance the protection of rights holders and to avoid the abuse of rights.This writing is divided into three parts.The first part introduces the concept and history of the jurisdiction objection system.And compared the change of the way of processing in the development,and deduces the trend of giving more rights to the rights of the objection system in the contemporary context of the gradual strengthening of the protection of the right of action.At the same time,combined with the legal basis of the jurisdiction dissenting system(from the theory of equality of right of action and the right to the jurisdiction of the jurisdiction of the theory),in the context of the development of the new right theory to deal with the abuse of objections and the protection of the rights of the contradiction situation.The second part,the subject of jurisdiction objections.The most realistic of the current practice of the right to object to the subject of the scope of the study,including the plaintiff and the common action of the defendant.Which the plaintiff’s objection,can bypass the jurisdiction of the objection itself and through the prosecution theory to review the treatment.However,similar litigation in the joint litigation and some of the necessary common litigation defendants’ dissenting rights,depends on the further refinement of the rules of law.The third part,the study of the objection abuse phenomenon.By analyzing the causes and types of abuse of objection rights,this paper puts forward some suggestions on how to improve the dissenting rights,simplify the court review mechanism,establish the discretionary powers of judges and the archives of judicial integrity.