On the Improvement of Objection System in Chinas Civil Action
|Keywords||Civil action Objection to jurisdiction Lift the conditions Handler|
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 .