Research On The Abuse Of Objection To Jurisdiction In Civil Action In China

In 1991,our country established the jurisdiction objection with the intention of antagonizing the localism to guarantee the fair and just judicature.But in recent years,after socialism with Chinese characteristics has entered a new era,with the change of social contradictions,people’s social relations have become more and more diversified,and the corresponding civil disputes cases have become more and more.In the judicial practice,the parties abuse the jurisdiction objection to delay the proceedings to achieve their own illegitimate purposes are also increasing.Despite three amendments to the civil procedure in 2007,2012 and 2017,the rules on jurisdiction have improved.But only Article 127 provides for objections to jurisdiction and is vague and general,and even for objections to abuse of jurisdiction is close to zero.And the related judicial explanation also does not have to abuse the jurisdiction objection the subject,the object,the punishment method to carry on the stipulation.Because there is no authoritative legislative support,coupled with our country’s vast terrain,the economic level of various places develops differently,and the local legislation on jurisdictional objections is also uneven and there is no uniform standard,which increases the judges’ discretion,it may harm the legitimate rights and interests of the parties,lead to judicial injustice,and run counter to the contemporary concept of judicial justice.Although the academic community has paid great attention to and studied the objection of abuse of jurisdiction,it has also achieved corresponding results.But for abuse of the system of identification,the object of the problem,procedural issues are very controversial and there has never been a unified conclusion.If a party applies for a jurisdictional challenge to determine whether his or her conduct is abusive,then there must first be atest before subsequent proceedings can be initiated.From the perspective of two typical cases,this paper analyzes the problems of the abuse of jurisdiction in judicial practice,and gives corresponding suggestions on the problems i practice.This paper is composed of introduction,text and conclusion.The body of which includes three chapters: Chapter one brief introduction of the case a summary of the focus of the dispute.First of all,it briefly introduces the basic facts of the two typical cases and the results of the judgment.Secondly,itsummarizes the legal issues and the focus of disputes reflected in the two typical cases,there are three aspects: the Cognizance Standard,cognizance scope and examination procedure.The second chapter carries on the legal principle analysis to the legal question and the dispute focus which the case reflects.First of all,on the basis of the analysis of the cognizance standard of the objection to abuse of jurisdiction,the opinions of the judicial practical circle and the theoretical circle diverge,because there is no legislative support,therefore,there is no uniform standard to identify the objection of abuse of jurisdiction in practice.Secondly,it analyzes the examination procedure of the objection of abuse of jurisdiction,the remedy procedure of the objection of jurisdiction is too complicated in the civil action of our country,it is easy to waste time and cause economic loss to the other party.In the process of reviewing jurisdictional objection,there are also many disputes,if only the form of review,it may harm the interests of the parties.Finally,because our country is opposite to the jurisdiction objection abuse sanction mechanism relative flaw,causes this kind of case to climb unceasingly,in the judicial practice boundary question to increase unceasingly.The third chapter gives some reasonable suggestions to the problems mentioned in the second chapter.