Research On The Regulation Of Abuse Of Jurisdiction Objection In Civil Procedure

As an important part of Civil Litigation Jurisdiction,the system of objection to jurisdiction is an important system design to ensure the balance of litigation rights between litigants and to safeguard litigants’litigation rights and interests.With the implementation of the case registration system,the number of cases of jurisdictional objection has grown exponentially in judicial practice,and cases of parties seeking improper interests by abusing the right of objection are frequent.The abuse of jurisdiction objection violates the principle of good faith of the civil procedure,seriously affects the civil trial activities of the People’s Court,aggravates the contradiction of"more cases,fewer people",and wastes judicial resources.In the absence of legal norms specifically punishing abuse of jurisdiction,the People’s Court can only "violate the rules of the court" under articles 110 and 111 of the civil procedure,or "obstructing the People’s Court to hear a case",to impose a fine on the perpetrator of the abuse of jurisdiction objection,but the punishment is not strong enough to curb the abuse of jurisdiction objection.In order to strictly prohibit the abuse of the objection to jurisdiction,it is necessary to establish the legal norms and systems of the abuse of the objection to jurisdiction.This article is composed of four parts:The first part:The general theory of the abuse of jurisdiction in civil proceedings.This paper expounds the concept of the objection to the jurisdiction of civil action,the meaning and types of the abuse of the objection to the jurisdiction of civil action,and expounds the value of the regulation of the abuse of the objection to the jurisdiction of civil action.The second part:The investigation of the abuse of jurisdiction in civil litigation.From the perspective of Comparative Law,this paper focuses on a comparative study of the regulation of the abuse of the jurisdiction of Civil Litigation in the major countries of the two legal systems,the paper points out the reference significance of the extraterritorial legislation to the regulation of the abuse of jurisdiction in civil litigation.The third part:Our Country Civil Action Jurisdiction Objection Regulation Existence Question.This paper introduces the legislation and practice of the regulation of the objection to the jurisdiction of Civil Litigation in China,and holds that the scope of the subject and object of the regulation of the objection to the jurisdiction of Civil Litigation in China is not clear,and the procedural participation of the parties is insufficient,the review of jurisdictional objection lacks relevant norms,the disciplinary measures for the abuse of jurisdictional objection lack strength,and the appeal and review mechanism of jurisdictional objection and the transfer of cases are not perfect,is Our country Civil Action Jurisdiction Objection Abuse Regulation Existence Main Question.The fourth part:The measures to regulate the abuse of jurisdiction in civil action.In the light of the problems existing in the regulation of the abuse of jurisdiction in civil litigation in our country,from the raising and examination of the objection to jurisdiction in civil litigation to the punishment of the abuse of jurisdiction,put forward the concrete countermeasure of our country civil action jurisdiction objection abuse regulation.