The Reform And Perfection Of Jurisdicyional System Of Civil Procedure In Our Country

Affirming jurisdiction is the first step of civil litigation, its system's perfection is greatly effect the realization of parties' substantive right. The present rules of jurisdiction have the quality of official principle in some extent. Nowadays, the local protectionism is in vogue, and administration of justice is nondependent, as well as judges' quality is irregular, the defects on legislation such as the criterion of jurisdiction by level is unclear, the restriction for jurisdictional power's downward transfer is unscientific, the regulation of territorial jurisdiction has not fully consider the litigation interest of consumers, the restrictions to conventional jurisdiction are too many, and judicial remedies of jurisdiction evading is lacked, etc, these are reflected increasingly obvious in judicial field. And it greatly increased the litigation risk of one side of parties, and damaged their litigation right and interest which should be protected equally by law, as well as violated fairness' value target, and greatly influenced the authority of jurisditure. Therefore, I proposed that, we should learn from foreign methods and establish the standard that disputed object amount as main part and case nature as assist in jurisdiction by level, so that it can reduce judicial risks; form the theories of benefit and interest, it should allow clients bring case to lower-level court to dominate by their willingness; making scientific restriction to jurisdictional power's downward transfer, and affirming calculating method of disputed object amount in order to avoid clients and courts evade jurisdiction by level. In territorial jurisdiction, in order to protect consumer's legal right and interest, consume contract dispute should be dominated by court in plaintiff's place; ruling contract of sale's dispute should be dominated by lawsuit debt fulfilled court to decrease contradiction; in conventional jurisdiction, for fully respecting party's operating right in litigation, definitely regulating forms of implied conventional jurisdiction and enlarge applied range and courts of conventional jurisdiction. Establishing a set of improved mechanism in order to avoid evading jurisdiction and conquering local protectionism.