Research On Abuse Of Objection To Jurisdiction In Civil Procedure

The objection system to the jurisdiction of civil litigation is one of the important civil litigation systems.The law grants the parties the right to raise objections to the jurisdiction to balance the litigation interests of both parties,and through this system,urges the court to exercise jurisdiction correctly,which is a relief measure to correct the wrong exercise of jurisdiction by the court.The legal provisions on jurisdictional objection are scattered in the legal provisions of the pretrial procedure of the Civil Procedure Law of the People’s Republic of China and relevant judicial interpretation,and the content of the provisions is rough and the direction is unclear.The parties who raise objections to jurisdiction are precisely exploiting the loopholes of the system,abusing the right to object to civil litigation jurisdiction,maliciously delaying the normal trial time,resulting in the system not being able to fulfill its original value and function.For the research on the abuse of jurisdiction objection,the current academic community mainly focuses on specific institutional explanations,exploring whether the specific procedural design is reasonable from a theoretical perspective,and paying less attention to how the system is abused in judicial practice.By using various methods such as theoretical research,comparative analysis,and case analysis,a comprehensive analysis is conducted on the system of objection to civil litigation jurisdiction.The identification criteria for the abuse of objection to civil litigation jurisdiction and the theoretical basis for regulating it are systematically proposed,and the scope of limiting the subject and object objects of objection rights is proposed,and the reasons for objection application are clarified;By examining cases in judicial practice,analyzing the specific types of abuse of objection to civil litigation jurisdiction,distinguishing different forms of abuse of rights within the same type and supporting them with typical case studies,the harm and causes of abuse of objection to civil litigation jurisdiction in China are summarized;Based on the relevant legislation of foreign countries regulating the abuse of objection to civil litigation jurisdiction,this paper summarizes the system design and regulations that are worth learning from in China,and proposes general principles and specific measures for regulating the abuse of objection to civil litigation jurisdiction.It is hoped that with the development of theory and practice,this system can better operate in judicial practice and fully play its due role in the future.