The Perfection To The Objection Of Civil Jurisdiction System

The objection system of jurisdiction is an important part of civil procedure jurisdiction,it plays an important role in ensuring the proper exercise of the jurisdiction of the court.The jurisdiction problem has certain complexity,because some subjective and objective reasons in judicial practice will cause the court to infringe the jurisdiction and infringe the litigant’s right of litigation and entity right.Therefore,in order to protect the litigant rights of the parties,it is necessary to give them right of dissent.In the face of such an important problem,China’s civil procedure law only uses article 127 provisions.This makes the importance and complexity of the jurisdictional objection system a great contrast to the simplicity of the civil procedure law of our country.Moreover,the provisions of article 127 of the civil procedure law are too abstract and lack of operability in practice.In practice,the judge’s discretion over the jurisdictional system is too large,which violates the predictability of the law,and also poses a threat to the judicial justice of our country.At present,for the plaintiff with no independent right of claim of a third person may level as the main body and the jurisdiction of the court of jurisdiction,transfer,transfer of jurisdiction,the designation of jurisdiction should as the object of the jurisdiction of the court,the academic debate.Widen the scope of the jurisdiction of the court of the subject and object,is not only beneficial to protect the litigation rights of the parties,but also to curb abuses of the jurisdiction of the court have played a role,more help to the court right exercise the judicial power.In our country,the procedural design of the objection to jurisdiction is too simple,which leads to the abuse of the right of jurisdiction by the parties,the administrative mode of trial is also not conducive to the correct settlement of disputes,resulting in the dissatisfaction of the parties to the result of the dissension and thus affecting the judicial credibility of our country.The trial procedure needs to be improved.The law does not determine the processing time of the objection of jurisdiction and does not take into account the limitation of the court,which leads to the court’s delay in handling the objection of jurisdiction for various reasons.Moreover,in the case of the relative backwardness of Chinese citizens’ legal consciousness,the court also does not have the right to give the interpretation of the jurisdiction objection,resulting in the litigation rights and interests of many parties are not guaranteed.Therefore,it is a good policy to introduce the mode of incidental litigation and abuse of jurisdiction.To sum up,based on the jurisdiction of the court system in China is presented in this paper,on the basis of the present situation and the basic national conditions,can be drawn lessons from for the regulation of foreign objects to the jurisdiction of the court system where a brief introduction,guided by the related theory of civil procedure,put forward some ideas to perfect the system of the jurisdiction of the court in our country.It is expected that the civil procedure law of our country will clearly stipulate the objection system of jurisdiction,ensure the right to exercise the right of dissent,and safeguard the legal rights of the parties.