Research On The Civil Procedure Jurisdictional System

Fair and justice is the most basic value of laws. Therefore it has become the highest goal for the Jurisprudence to pursue. The realization of entity justice needs fair procedures to protect, so justice has become the eternal values of the modern system of civil procedure. Jurisdictional system is a necessary component of the civil procedure. As a system that divides the jurisdiction and competence of trial of first instance between people's courts in different areas as well as the superior and the subordinate courts. It is the first pass to precede the right of action. Scientific classification of jurisdictional system is able to help litigious parties to determine the competent court of a case and excise his/her right of action properly. Reasonable setting of jurisdictional system will eliminate the litigious parties'suspicion of the court's fairness and ensure the realization of entity justice. It is said that the rationality of jurisdictional system is the basic premise of entity justice. There are a lot of defects of current jurisdictional system of China. Today, the environment of legal system is not so pleasant: local protectionism is rampant, judiciary cannot stand independent, the quality of judges are uneven. There are all kinds of problems, such as the vague standard of jurisdiction by level, the unscientific limits of transference to courts of lower level, the provisions of territorial jurisdiction go against the rights of consumers, too many limits on agreement jurisdiction, lack of legal redressing of jurisdictional circumvention. All these problems are growing obvious in legal system and increase the risk for litigious parties as well as sabotage the rights of action under the fairness of law, which is also against the goal of fair. Therefore reform and improvement in jurisdictional system is very urgent and important. The paper will find the problems of the current civil procedure of China and analysis the reason from the jurisdiction practice angle. On the reference of some advanced experiences of other countries, the paper will also put up some advices on the reform of our civil procedure jurisdictional system, in hope that there will be some benefit to the legislation and practice.