论我国民事诉讼管辖权异议制度的不足与完善-法律专业论文.docx

立默示协议管辖制度。 关键词：民事诉讼；管辖权异议；拖延诉讼；证明责任 Abstract The objection of civil litigation jurisdiction is an important jurisdiction system of civil litigation. To a great extent,whether the system is consummate or not affects the actualization of litigantssubstantive rights. There are many differences between China and other countries in jurisdiction objection system. Although Chinese civil law and judicial interpretation has set the objection system, theres no definite provision on what is the jurisdiction objection , who can lead the objection, which jurisdiction can the objection be lead, how to lead a objection and so on,the provisions are still ambiguous and even contradictory. And it brings about so many defects in jurisdiction objection judicial practice.all levels courts in different places contest for the jurisdiction for economic benefits happens many times,and local protectionism is seriously, more seriously, the parties use jurisdiction objection as a conventional tactical to delay the litigation, Such defects have endanger the actualization of Procedure Justice and Substantiality Justice. At the same time,they weakened the legislative function of jurisdiction objection system which aims at protecting the litigants’ rights and insuring equitable judgement. This paper,on the basis of jurisdiction objection system,analyse the existent problem,and in order to propose some reform suggestions. This dissertation is classified into four chapters: The first chapter: The outline of jurisdiction objection system.First of all jurisdiction over the objection of the concept of system conditions and a brief analysis of the system of jurisdictionover the objection of the theoretical value and significance of the establishment. Objection to thesystem to clarify the jurisdiction of the parties to the maintenance of right of action to overcome the trials have the important significance of local protectionism. The second chapter: Comparative analysis of jurisdiction objection system