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The Perfection to the Objection of Jurisdiction System

Author: TianYuanYuan
Tutor: LiLiFeng
School: Liaoning University
Course: Civil law
Keywords: Party Objection to jurisdiction With litigation trial mode
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 121
Quote: 1
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Abstract


In judicial practice, the plaintiff sued in their favor will definitely go to court, which is obviously defendant lawsuit for protection of the rights is detrimental. To balance the procedural rights of the parties, it is necessary to give defendants objection to jurisdiction. Meanwhile, the jurisdiction of the Court of opposition systems for ensuring proper exercise of judicial power also plays an important role. Therefore, the Jurisdictional Dispute in the legislation must be given clearly defined. However, China's Civil Procedure Law only spent 38 a given requirement. Civil Procedure Law provisions on jurisdiction objection system simplicity and objection to the jurisdiction of the importance and complexity of the system to form a great contrast. Moreover, Article 38 of the Civil Procedure Law of the provisions are too abstract and lack of maneuverability. This has resulted in the practice of judges on Jurisdiction Objection great discretion, violates the law predictability. For no independent right of a third person could objection to the jurisdiction of the body as well as the level of jurisdiction should object as a jurisdictional objection, the larger the current academic debate. Increasing objection to the jurisdiction of the subject and the object scope, not only conducive to the protection of procedural rights of the parties, but also act to curb the abuse of jurisdiction also played a certain role; objection to the jurisdiction of the procedural requirements for admissibility too simple, the parties only need to raise objections to the court, leading to abuse of the parties under the jurisdiction of the right to dissent; Chief of the trial model is not conducive to correctly resolve the dispute, the parties to dispute the results lead to dissatisfaction; proceedings also be improved, in practice all cases handled by the Judge objection to jurisdiction, because there is no unified trial norms, thus leading to the same court processing results are vastly different. Finally, although the jurisdiction of correctness for the substantive rights of the parties has an important influence on the objection to the jurisdiction of the relief program should be moderate. Currently objection to the jurisdiction of the relief system was too cumbersome procedural requirements, the so-called belated justice is not true justice, too cumbersome relief program but not conducive to protection of the rights of the parties litigation. The right to exercise jurisdiction is proper exercise of judicial power to the premise, for Civil Litigation Jurisdiction Objection System must be specific provisions, it has a predictable and operability. The objection to jurisdiction regime abroad can be said that the relevant provisions of those relatively well. Therefore, the relevant provisions of this article in a foreign country on the basis of the system based on the objection to the jurisdiction of the status quo, learn from foreign jurisdiction objection system requirements to relevant civil theory, put forward a comprehensive system of objection to the jurisdiction of certain ideas. All in all, our objection to the jurisdiction of civil law system must be clearly defined to ensure the proper exercise of the right to challenge jurisdiction, maintaining the legitimate rights of the parties.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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