Research On The Abuse Of The Jurisdiction Opposition System In Civil Litigation

As an important procedural remedy measures in civil procedure in China,the system of objection to jurisdiction is designed to correct the jurisdiction mistake by the court and balance the litigant rights between litigant.More and more litigants abusen jurisdiction objection by exploiting institutional loopholes to postpone the litigantion,cuase the system of objection to jurisdiction in the Civil Procedure Law of China is relatively general,not detailed and perfect enough.The court is unable to curb the abuse of jurisdiction objection in the current legal provisions and can only cope with it.The phenomenon of abusing of jurisdiction objection has become increasingly serious,It has deviated from the original intention of the establishment of the jurisdiction objection system,which not only reduces the efficiency of litigation,wastes limited judicial resources,damages the legitimate rights of others,but also undermines the legal authority and judicial credibility.This article starts from the purpose and function of jurisdiction objection system,studies the present situation of abuse of jurisdiction objection,analyses the causes and harm of abuse of jurisdiction objection,draws on provisions on restricting the abuse of jurisdiction objection from foreign country,puts forward some measures and suggestions to limit the abuse of jurisdiction objection in civil litigation in China.This paper is divided into the following four parts.The first part is the overview of system of objection to jurisdiction in civil procedure.Expound the the concept feature essential attribute purpose and function of jurisdiction objection system,and how tu apply for jurisdictional objection for right reasons.Points out that the abuse of jurisdictional objection system is a deviation from the purpose of the system.The second part is causes and the damage of abuse of jurisdiction objection.By analyzing the current situation of the abuse of jurisdiction objection in judicial practice,Extracted the characteristics of the abuse of jurisdiction objection.And then analyse the causes of the abuse of jurisdiction objection and the harm to the litigants,the judiciary and the society caused by the abuse of jurisdiction objection.The third part introduces the provisions to limite the abuse of jurisdiction objection in representative foreign country.Through the analysis and comparison of the provisions of the jurisdictional objection system in the representative countries of continental law system and Anglo-American law system,summarize the merits of each country’s jurisdiction objection system.The fourth part is the measures to limit the abuse of jurisdiction objection.Suggestions and measures are put forward respectively from the six aspects of improving the conditions for objection to jurisdiction,Improving the trial mechanism,such as setting up the application link of pre-examination,detailing review procedure,simplifying the cumbersome relief procedure,establishing the disciplinary mechanism for abuse of objection to jurisdiction,strengthen the regulation of lawyer industry and administration of the judiciary,clarify the judgment standard of the abuse of jurisdictional objection system,to realize the legislative purpose of objection to jurisdiction.