Objection to the jurisdiction, is that the parties believe that the court or by the court of appeal to the court has no jurisdiction over the case, and not under the jurisdiction of the opinions or views of the court transferred the case to the court of appeal or. Along with the increase of the lawyer business volume, various cases, such as the time of the session time limit for adducing evidence, evidence exchange, submit the witness application, may conflict in time, lawyer doppelganger. So, the lawyer how to deal with this situation? Although we face the common problem, but everyone has different approaches. Some lawyers and judges said my friendship, I can ask him to change, some lawyers said that I did not sign the subpoena, if not enough time I won't go, either way, I do not think that the law litigation skills, at best be regarded as part of the small smart. Lawyers, not on the table, teach students may not.

In the lawsuit practice, the method that I use is more use of jurisdiction objection, can not only for time to many, also can outlast the plaintiff's confidence and patience, do good groundwork for the case's mediation. But, to put forward the objection to jurisdiction, there are some problems worthy of our study, and pay attention to.

A, the right of jurisdiction objection at what time? Put forward in what way? The defendant exceeds defense period put forward the objection to jurisdiction, it should be how to deal with?

According to the "Civil Procedure Law" in 127th the first paragraph: "people's court has accepted the case, the party has objection to the jurisdiction shall, during the period for submitting briefs. The people's court shall review. Objection, order to transfer the case to the people's court jurisdiction; if not, the court rejected". Clause 125th: "the defendant shall be the date of receipt of the complaint within fifteen days". Objection to the jurisdiction of the present time, shall, during the period for submitting briefs, which received a copy of the indictment to the defendant date15Days. As for the way of what is written or oral, put forward put forward, whether in the pleadings directly challenge the jurisdiction problem, or the need to submit the objection to the jurisdiction of the application, there is no clear provisions. Combined with the practice, the general should be made in writing, because the case has not yet entered the substantive hearing oral defense, and put forward the objection to jurisdiction is not easy to operate. But as to whether need to submit another jurisdiction objection application, I think need not, the parties may in the defence put together the challenge of jurisdiction.

The defendant exceeds defense period put forward the objection to jurisdiction, it should be how to deal with? On the basis of the provisions on the basis of "Civil Procedure Law" the 127th paragraph second: "the parties did not put forward the objection to jurisdiction, and involved in reply, as should the people's court has jurisdiction, but violating the provisions on jurisdiction except." In this case, the parties did not put forward during the submission of defence objection to jurisdiction and involved in reply, as the abandoned the objection to jurisdiction, is affected by the action of a people's court shall have the jurisdiction. But could there be another situation, if a party fails to make during the submission of defence objection to jurisdiction, and in excess of the period after the proposed objection to jurisdiction, not involved in reply, how to deal with this situation? Whether a people's court shall also be the objection, review and make a decision. In my opinion, the people's court shall still jurisdiction objection raised by the parties to review and reject. The party put forward the objection to jurisdiction, put in what time, even if the reason can not be established, the court can not refuse to review and adjudication. If such objection is not established, it may decide to reject the. And the extended forward objection to jurisdiction, it is ruled a reason rejected.

Two, put forward the objection to jurisdiction, the time limit for adducing evidence of how to calculate?

Court to send a copy of the indictment to the defendant at the same time, usually will notice of proof, the court summons legal documents are sent to the defendant. In the party raises objection to jurisdiction, the court had to determine the time of the session will change, but for the time limit for adducing evidence the court had determined whether to change? According to "the Supreme People's Court on the application< <Several provisions on evidence in civil litigation>Notice "provisions in respect of the proof limitation of the provisions of article third:" on the jurisdiction objection to the time limit for adducing evidence problem after the parties concerned. Party raises objection to the jurisdiction of a judge in a period, the people's court shall enter into force on parties dismissed the objection to jurisdiction after that, in accordance with the "rules of evidence" in the third paragraph thirty-third rules, to specify the time limit of not less than thirty days. But with the consent of the parties agree, the people's court may specify the time limit for adducing evidence is less than thirty days."

Three, labor dispute arbitration cases, can challenge the jurisdiction? Refuses to accept the decision, how to remedy?

"People's Republic of China labor dispute mediation and Arbitration Law" thirtieth stipulates: "the labor dispute arbitration commission shall, after accepting an application for arbitration, in five days, a copy of the arbitration application on the respondent. Upon receipt of a copy of the arbitration application, it should be within ten days to the labour dispute arbitration committee to submit the written pleadings. The labor dispute arbitration committee after receiving the statement shall, within five days, a copy of the reply to the applicant. The failure of the respondent to submit, the arbitration proceedings shall not be affected." This provision does not explicitly given by the applicant of the right of jurisdiction objection. But according to "regulation rules on arbitration of labor disputes" fourteenth: "party raises objection to the jurisdiction of the respondent shall, before the expiration of the written proposal. The parties put forward, does not affect the arbitration proceedings, the parties therefore refuses to accept the arbitration award, the people's court may revoke or apply to." We can know, labor dispute arbitration cases, the respondent shall have the right to challenge the jurisdiction. If it refuses to accept the decision of the objection to jurisdiction, relief way is divided into two kinds: the first kind is overdue raised objection to the jurisdiction of the Arbitration Commission, will not be processed, it does not affect the arbitration proceedings, the parties therefore refuses to accept the arbitration award, may apply to the people's court or apply for revocation of according to law; the second is in the defense period put forward jurisdiction objection, the arbitration committee upholds objection or not to set up and make the corresponding decision, the parties concerned shall exercise the right to relief? Is to apply to the court for cancellation? Reconsideration or directly? Because arbitration institutions and the people's court set the asymmetry, apply for revocation of institution to which the court? Who is the reconsideration of the arbitration commission the authority at the next higher level? No clear legal provisions.

Four, commercial arbitration cases, can challenge the jurisdiction?

"Arbitration Law of the people's Republic of China" twenty-fifth: "the Arbitration Commission shall, after accepting an application for arbitration, the arbitration rules, within the time limit prescribed by the arbitration rules and the list of arbitrators on the applicant, and a copy of the arbitration application, the arbitration rules and the panel of Arbitrators to the respondent. Upon receipt of a copy of the arbitration application, the arbitration rules shall submit a statement of defense within the time limit prescribed by the arbitration commission. The Arbitration Commission shall, upon receipt of the defence, the arbitration rules, within the time limit prescribed by the copy of the statement of defense to the applicant. The failure of the respondent to submit, the arbitration proceedings shall not be affected." This provision does not explicitly given by the applicant of the right of jurisdiction objection. Rule twentieth: "if the party has objection to the validity of the arbitration agreement, they may apply to the Arbitration Commission for a decision or to a people's court for a ruling. One party requests the Arbitration Commission to make a decision, the other party requests the people's court for a ruling, the people's court ruled by. If the party has objection to the validity of an arbitration agreement, shall be raised before the first hearing conducted by the arbitration tribunal." Can be regarded as a case of objection to the jurisdiction of the arbitration party put forward, namely, raised an objection to the validity of the arbitration agreement, the arbitration commission accepts the case to put forward objection to jurisdiction. So, in addition to the outside, the parties can like ordinary civil litigation proceeding, the objection to jurisdiction. On the basis of "arbitration rules China international economic and Trade Arbitration Commission2012Version)"The sixth stipulation:" the parties to an arbitration agreement and/Or arbitration jurisdiction objection, should be the first hearing of the arbitration tribunal of writing; writing case, should be raised before the first substantive defence. To an arbitration agreement and/Or the arbitration jurisdiction objection does not affect the continuation of the arbitration proceedings. The objection to the jurisdiction and/Or the decision to include arbitration cases subject qualification objection and/Or decision. The arbitration commission or the arbitration tribunal Arbitration Commission authorized to make decisions without jurisdiction, shall make a decision to withdraw the case. Before the formation of the arbitration tribunal case decided by the Secretary General of the Arbitration Commission to make, after the formation of the arbitration tribunal, made by the arbitration tribunal." We know that, in the case of commercial arbitration, the parties may like ordinary civil litigation proceeding, put forward the objection to jurisdiction.

Five, to challenge the jurisdiction of the case, how to pay legal fees?

"Means to pay the cost of litigation" thirteenth paragraph sixth: "the parties make jurisdiction objection, objection can not be established, each to pay50Yuan to100Element." Eighth the provisions of the third paragraph: "the inadmissible, the prosecution dismissed the objection and ruled against jurisdiction, the case of appeal, not to pay the case acceptance fee." On the basis of the foregoing provisions can be learned, party raises objection to the jurisdiction of the case, not by the parties to pay the fees for accepting the case, if the objection is not established, each to pay50Yuan to100Element. If a party refuses to accept the decision on the objection to jurisdiction, the case of appeal, not to pay the case acceptance fee.

Six, put forward the objection to jurisdiction, whether or not to specify the time of the session?

As mentioned earlier, party raises objection to the jurisdiction of the people's court shall take effect, in the parties dismissed the jurisdiction objection in accordance with the ruling, "rules of evidence" in the third paragraph thirty-third rules, to specify the time limit of not less than thirty days. Since the time limit for adducing evidence needs to be specified, sessional time certainly needs to specify the time limit for adducing evidence again, unless specified still earlier than scheduled session time expires.

Seven, who has the right to challenge the jurisdiction?

According to the "Civil Procedure Law" in article 127th, the parties have the right to put forward objection to jurisdiction. Generalized parties including the plaintiff and the defendant, the common litigants, the third party with independent claims, litigation representative, therefore has the right to the personnel to put forward the objection to jurisdiction, but not limited to the defendant.

Eight, the remand of the case, can challenge the jurisdiction?

In the retrial cases, whether the defendant has the right to challenge the jurisdiction of a court; or shall accept the application, in judicial practice, this understanding is different, that shall accept the court considers that, in accordance with the relevant provisions of the civil procedure law "", to remand a case for instance, since the application procedure of first instance, it shall to serve a copy of the indictment, the accused should be allowed to challenge the jurisdiction, and this should make the jurisdiction rule. Both parties have the right of appeal within the statutory time limit. In my opinion, the remand of the case, the defendant has no right to challenge the jurisdiction, in the same way, nor to accepting the reviewing court the jurisdiction objection, it no longer makes jurisdiction rule. The court of second instance retrial ruling, had a clear is reviewed by the court, and through this form recognized the jurisdiction, the trial court that, in this case, the court has made clear in the jurisdiction of the case, but also the jurisdiction or the defendant has accepted jurisdiction ruled the validity in the fact on remand, in the first instance, the court of jurisdiction objection and ruled the law on the basis of what? In the retrial ruling, the court of second instance specific instructions the court for retrial, the retrial court ruling and it can be the case where a court ruling? China's "Civil Procedure Law" does not grant the court may change the superior court order right. The trial court to the defendant if the jurisdiction objection shall accept the application and make a decision, between the upper and lower courts in China and the "Civil Procedure Law" the determined relationship in where? So, remand, the original is not accepting the jurisdiction objection rights, but should not be to any ruling, on this problem, should also implement the "non bis in idem" principle.