On The Finiteness Of Jurisdiction And The Neo-establishment Of Court System Of Civil Jurisdictional Limits In Our Country's Social Transition Period

Through the author's analysis of the five phases experienced by our country's court for the reform and change of criminal register work, the change of quantity of court accepted case and the change of accepted case's type, it can be seen that the scope of civil jurisdictional limits of our country's court has the trend of gradual expansion. At the same time, through analyzing the cases concerning litigation and petition faced at present, it can be seen the harmfulness to judicial fairness brought by court civil jurisdictional limits for exceeding necessary limitation. At present, there are mainly two points of view for studying court system of civil jurisdictional limits in law circles: one is that most scholars lay claim to further expands the scope of present court civil jurisdictional limits from the angles of protecting just claim and final principle of judicial settlement. The other is to insist on finiteness of jurisdiction and stand for limiting the expansion of court civil jurisdictional limits. The author considers that the study on court civil jurisdictional limits can not be separated from the national conditions in our country's transition period, at the same time, good experiences and enlightenments of law construction in the social transition period of western countries should be absorbed and demotic litigation ideas'effect on studying court civil jurisdictional limits in social transition period should be paid attention to. The theoretical foundation of finiteness of jurisdiction and its embodiment in judicial practice are discussed by the author, it is considered that in social transition period, jurisdiction finally can not be implemented for expanding the implementation of jurisdiction without limit.The current situation of civil jurisdictional limits in our country's courts is analyzed by the author, and the existent problems of system of civil jurisdictional limits in our country's courts are surveyed from the angles finiteness of jurisdiction: the provision of civil jurisdictional limits is too of principle; there are provisions and practices which expel and discriminate other dispute settlement mechanisms, which is shown as that people's mediation commission and judicial office of grass-roots level people's government's functions for mediation are obviously weakened, arbitration commission's function for arbitration is expelled and court civil jurisdictional limits has priority over the jurisdictional limits of other administrative organ; the extension of the scope of court jurisdictional limits is largely expanded and the function of other social legal intermediary service agencies is expelled by the law enforcement idea of Court-based. New assumption for perfecting court system of civil jurisdictional limits in our country's social transition period is raised by the author through the above discussions: Legal Principle, Limited Principle of Just Claim Protection and Judicial Final Solution Principle for Setting Preposing Filtering Procedure which should be insisted on by court civil jurisdictional limits are judged once more; separate chapter of jurisdictional limits is established, the base line for court jurisdictional limits civil case is made clear, and relief procedure of civil jurisdictional limits is set up; the provision of court system of civil jurisdictional limits concerning the expelling and discrimination for other non-lawsuit dispute settlement institutions is amended, which stipulates that other non-lawsuit dispute settlement institutions enjoy equal right with court civil jurisdictional limits for the jurisdictional limits of civil dispute, and sets up priority, relaxes the restriction for the scope of arbitral jurisdictional limits, establishes the mechanism for mediating priority judgment, sets up the necessary procedure of mandatory conciliation prior to lawsuit, revises and completes our country's court lawsuit mediation system and puts forward special Procedural Law for Civil Case Mediation; it is suggested to consult the System of Non-Lawsuit Dispute Settlement and establish Multi-mechanism of Dispute Solving so as to achieve the purpose of restricting the expansion of the scope of court jurisdictional limits and recovering the true colors of judicial functions. The pattern of diversified dispute-solving mechanism is that the government participates in the organization actively, linkage among all levels of organization, the court plays a leading role positively, smooth distributing channel, sharing information resource and profiting the grass roots. The role of administrative organization of justice is strengthening the construction of the people's mediation organization, strengthening the coordination and cooperation with courts and enhancing the ability of solving disputes. The role of trade union, women's federation and other organization is actively solve the disputes concerning labor, marriage and family according to functional authority, and actively assist the court to complete the mediation work. The role of administrative department concerning labor, land and resources, environmental protection, health, industry and commerce and so on is to perform the function of its own in mediating disputes in specific industry such as environmental pollution and product liability and so on, and also provide advisory opinion to related case of the court so as to ensure these disputes to obtain a fair and authoritative result which conforms to specialized characteristics. The role of court is designed as a leading force to resolve contradictions and disputes, to establish regular communication system with people's mediation organization, arbitration agency and administration department basing on the superiority of rich in case resources and assembling in legal talents, strengthens the guidance on people's mediation work, takes the leading role in establishing adjudicating case resource sharing mechanism, displays the directive function of case, promotes the grass-roots conflict mediator to improve disputes solving ability, and strengthens credibility of processing result. Establishes distributing platform on the basis of fair and highly effective judicature, fully displays roles of various main bodies with which to establish benign and interactive mechanism and construct omnidirectional and stereometric diversification new pattern in solving disputes. The objective design of establishing diversified dispute-solving mechanism is that, confine small disputes within village (community), common dispute within town (sub-district office), and large dispute within county (city).The author considered that it is advisory to form a big judicial view, build a reasonable diversified dispute-solving framework through revising and consummating system of civil jurisdictional limits in our country to make the whole dispute-solving mechanism work effectively, only in this way can distribute the lawsuit pressure, only then may let the court do what it should truly do, enable judge to become truly professional judge, put judicial principle of final resolve into practice, thus reduce the cost of solving social disputes and its opposability.