Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law

On the Improvement of Objection System in Chinas Civil Action

Author XiaoJing
Tutor HeWenYan
School Xiangtan University
Course Legal
Keywords Civil action Objection to jurisdiction Lift the conditions Handler
CLC D925.1
Type Master's thesis
Year 2008
Downloads 71
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Jurisdiction as the most important part of the civil action , the court jurisdiction over disputes allocation to specific implementation . Under the current provisions of the Code of Civil Procedure , the parties have the right to vest jurisdiction of civil disputes to the Court of Appeal to make their own opinion , this is the general sense of the objection to the jurisdiction . Objection to the jurisdiction as a relief system , is one of the procedural safeguards of the substantive rights of the parties , it reflects the equality of the parties the right to appeal , and will help protect the court properly exercised jurisdiction , can play a role in containing local protection . Its large extent affect the substantive rights of the litigants to achieve perfect or not , is of great significance . However , the provisions of the Civil Procedure Law of the objection to the jurisdiction is too abstract , judicial interpretation is also not very strict and careful , defects in the design of the system , specific performance pending further clarify the objection to the jurisdiction of lift conditions , the objection to the jurisdiction handler design there are legal loopholes . The resulting direct consequence of the practical operation of law of different and confusing , so as to endanger the fairness of the litigation process and results . This article the author based on its own in the court filing and trial supervision tribunal work practice , trying to re-sort the academic research system function , filed a reimagining of the three aspects of the conditions and review procedures to improve the system path of China 's objection to the jurisdiction expect to be able to propose a system to adapt to the current judicial system , but also an effective solution to the problems existing judicial practice specific programs .

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