On District Jurisdictional System Of Civil Procedure In China

Along with the socialism market economy development, the social relationship is becoming more and more complicated, as well as the diversification of benefit subjects, which inevitably results in more and more disputes. At the same time, along with the strengthening of consciousness of rights maintenance, more and more people go into the court to maintain their own legal rights by using law as a weapon. So, as the entrance of litigation, jurisdictional system holds the most important station. District jurisdictional system as the core contents has very important function and is the last step for litigants accessing to concrete court. Fair and reasonable district jurisdictional system of civil procedure is not only propitious to administer justice of the court and start litigation favorably, but also helpful for exercising litigant rights effectively and carrying out entity rights.After new China establishment, the civil procedural law( trial implementation) ,which provides the district jurisdictional system was promulgated in 1982, But because of the influence of administration management system and equalitarian idea in planned economy period, the district jurisdictional was almost all legal power clauses and almost no provisions of free rights to litigants especially the disadvantaged group. This kind of power- oriented principle more or less was used in the legislation of civil procedural law in 1991, furthermore, our country has been insisting on the legislative tradition of"coarseness is better than precise"in long term and our judicial system is not independent which resulting in serious place-protection. The above factors make our district jurisdictional system unfit to the current need to market economy system earmarked of right inevitably, it results in a lot of irregularities.Therefore, it's necessary to reform and perfect district jurisdictional system of civil procedure in China keeping up with the times. This text is mainly proceeded with in two parts of the thought principle and district jurisdictional concrete system, Suggests to change the power- oriented principle, in order to construct a fair, reasonable, full of human nature's district jurisdictional system, which under the leading thoughts of human-oriented and people serving judicatory and three basic principles.