Function Alienation And System Reconstruction Of Objection To Jurisdiction

A civil case shall be brought before a court having jurisdiction.Therefore,whether has the case jurisdiction to become the civil dispute enters the court the first threshold.The objection system of jurisdiction has become the first procedure to demonstrate judicial justice and safeguard the legal rights and interests of the parties.However,in practice,the defendant's abuse of jurisdiction to delay the proceedings of the objection phenomenon is everywhere.On the one hand,the court's rejection rate of appeal against the ruling of objection to jurisdiction is still high,for example,the rejection rate of appeal in G province has remained around 93% in recent years.On the other hand,defendants often maliciously exercise the right of objection to jurisdiction,turning it into a tool for delaying litigation,which seriously deviates from the original intention of the establishment of this system.The functional alienation of jurisdiction objection system is the result of both internal and external factors.The internal reasons include the parties' lack of integrity,egoism and the assumption of judicial local protectionism,but the external reasons include: the mixture of substantive trial and procedural review,the lack of pre-objection procedure of accepting jurisdiction,the long working time of procedure,the lack of unified application form and the lack of evidence support for application reasons.In view of this,this paper attempts to re-examine China's jurisdiction objection system,in-depth practice,from the legislative level,system operation level and system security level to reconstruct the jurisdiction objection system.It aims to re-examine the purpose of the establishment of the objection system of jurisdiction,protect the equality of the litigation rights of both parties,promote the people's court to deal with the case quickly and effectively,and make the case enter the substantive trial procedure as soon as possible to solve the dispute.