ArticleOpen Access http://dx.doi.org/10.26855/jhass.2024.02.025
Abuse and Regulation of the Jurisdiction Objection System in Civil Litigation
Jiayuan Lei1,*, Zhe Xing2, Zhuoru Han3
1Dalian Ocean University, Dalian, Liaoning, China.
2Shanxi Linghan Law Firm, Shanxi, China.
3Shanxi Police College, Taiyuan, Shanxi, China.
*Corresponding author: Jiayuan Lei
Published: March 28, 2024
Abstract
The system of jurisdictional objection in civil litigation plays a positive role in protecting the litigation rights of the parties and promoting the fairness of case procedures and substantive justice. In recent years, the number of jurisdictional objection cases has remained high, with objection reasons becoming even more chaotic. The jurisdictional objection system has deviated from its original design and has been seriously abused. The jurisprudential basis for the abuse of the system of jurisdictional objections lies in the balance of fairness and efficiency, the right to sue, the right to a trial, and the absence of procedural sanctions. Therefore, in cases of jurisdictional objections, the threshold for initiating the objection procedure should be heightened, the trial procedure should be enhanced, and a mechanism for imposing penalties should be established. These measures aim to regulate the misuse of jurisdictional objections, promote procedural justice, and ensure substantive justice in the case.
Keyword
Civil suit, Jurisdiction Objection, Abuse, Regulation
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Copyright
© 2024 by the author(s).
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How to cite this paper
Abuse and Regulation of the Jurisdiction Objection System in Civil Litigation
How to cite this paper: Jiayuan Lei, Zhe Xing, Zhuoru Han. (2024) Abuse and Regulation of the Jurisdiction Objection System in Civil Litigation. Journal of Humanities, Arts and Social Science, 8(2), 452-456.
DOI: http://dx.doi.org/10.26855/jhass.2024.02.025