However, if a party fails to raise an objection to jurisdiction during the defense period due to justifiable reasons, the court shall, according to Article 83 of the Civil Procedure Law, allow the party to apply for an extension within 10 days after the obstacle is removed, so as to protect the right of the party to raise an objection to jurisdiction.
Only the parties to this case have the right to object to jurisdiction, and other participants in the proceedings have no right to put forward opinions to the court on jurisdiction, nor can they use this as an excuse not to participate in the proceedings.
The parties who raise objections are generally the defendant and the third party with independent claim. The plaintiff is the person who brought the lawsuit, so he will not raise any objection to the jurisdiction; Of course, after the transfer of jurisdiction, the plaintiff has the right to raise jurisdiction objections to the transferred court; A third person who has no independent claim has no right to object because he is an assistant in the lawsuit.
Objections to litigation jurisdiction should be made in writing. But oral forms should also be allowed. Objections can be submitted together with the defense or written separately.
Any objection to the jurisdiction shall be submitted to the people's court that accepted the case. The court accepting the case shall first consider the objections raised by the parties to the jurisdiction and make a written ruling on whether the case has jurisdiction before the substantive trial of the case.
The people's court shall conduct a serious substantive examination of the jurisdictional objections that meet the above formal requirements. If the objection is established after examination, it shall be ruled by the people's court and transferred to the people's court with jurisdiction for trial; If it is found that the objection is not established after examination, the ruling shall be rejected. The substantive trial of this case shall be stopped before the decision of review is made.
Extended data:
According to the law, the jurisdiction of civil cases generally follows the principle of "the plaintiff is the defendant", that is, the plaintiff's lawsuit is generally under the jurisdiction of the people's court where the defendant has his domicile, and if the defendant has his habitual residence, it is under the jurisdiction of the people's court of his habitual residence. "Regular residence" refers to the place where citizens have lived continuously for more than one year after leaving their domicile, except for hospitalization.
Designated jurisdiction means that the superior administrative organ decides to designate the subordinate administrative organ to exercise jurisdiction over administrative punishment. In fact, the designated jurisdiction also gives the administrative organ a certain discretion in punishment jurisdiction to adapt to various complicated punishment situations. It is of great significance to solve the problems of repeated jurisdiction or blank in the current penalty jurisdiction.
It is an administrative act with legal effect that the superior organ designates the first-level organ to exercise jurisdiction over a certain punishment. It has the general characteristics of administrative acts and applies the general rules of administrative acts. Therefore, it should be specified in writing.
Make a designated decision in accordance with the administrative action procedure. That is to say, when the higher authorities exercise the power of designation, they should make a decision of designation according to law and make a decision of designation. Otherwise, it is difficult to distinguish the responsibility of the decider and the designated person, and it also makes the designated person lose the legal basis for exercising jurisdiction.
Baidu Encyclopedia-Right of reply and correction